Do I Need a Survey or Location Certificate to Buy a House in Nova Scotia?

At some point in a purchase you may be asked whether you want to order a survey or location certificate. It adds a cost and some time, so many buyers are tempted to skip it, especially on a home that looks well kept and has been in the neighbourhood for decades.

This article explains in plain terms what these documents generally show, who may ask for one, and what risks come with going without. The answer for your purchase depends on the property and the people involved, so use this as a guide for your questions.

This article covers the law of Nova Scotia.

What a survey and a location certificate generally show

A survey is prepared by a land surveyor and generally shows the boundaries of the property, its dimensions and where buildings, fences and other features sit in relation to those boundaries. A location certificate is generally a simpler document that shows where the buildings are on the lot compared with the property lines.

The exact content, who can prepare each document and what a lender will accept can vary, so ask your lawyer what is appropriate for your purchase.

What your title documents do and do not tell you

Property records identify a parcel, but they do not necessarily show you what is built where. A document relating to a registered parcel may describe the land by full text, a short form legal description, or the PID for the registered parcel. A parcel register must contain the PID assigned to the parcel.

Those identifiers tell you which parcel is being sold. They do not tell you whether the garage crosses a boundary or whether the neighbour's fence sits on your land. That is the gap a survey or location certificate is meant to address.

The province recommends a lawyer for real property transactions, including identifying the correct PID and matching the legal description to the parcel. Your lawyer can explain whether additional survey information is sensible.

Who may ask for one

• Your lender may have its own requirements for the property it is lending against. Ask your mortgage provider early.
• Your lawyer may recommend one depending on the property, its history and any concerns found during the title search.
• A title insurer, if one is involved, may have its own conditions.
• You may want one yourself if you plan a fence, addition, pool or shed.

Whether any of these parties requires one varies, so do not assume. Raising the question when you write the offer, rather than days before closing, leaves time to arrange it.

Risks of skipping it

Going without a current survey or location certificate means you are relying on what you can see and on what the seller tells you. Possible problems include:

• A building or driveway that crosses a property line.
• A neighbour's structure that sits on the land you are buying.
• Boundaries that differ from what you assumed during viewings.
• Plans for an addition or fence that do not fit the actual lot.

These issues can be costly to sort out after closing, and they can surface again when you sell. If a parcel has no PID, the owner must request one using Form 1 before submitting a Parcel Description Certification Application, which is another reason to raise any gaps in the property records early.

What to do next

• Ask the seller whether they have an existing survey or location certificate.
• Ask your lender whether it requires one for your mortgage.
• Ask your lawyer whether the property's history or your plans make one worthwhile.
• If you want it, build time for it into your offer conditions and closing timeline.
• Have your lawyer confirm the PID and legal description match the parcel you viewed.

Frequently asked questions