- A Real Property Report is a surveyor's drawing of a property and the buildings on it, but the term is used loosely, so check what your agreement actually asks for.
- Whether you need one is usually set by the offer's own conditions or your lender, and the time to review it is set the same way.
- Paper documents for registration must carry an accurate written property description, and the registrar can refuse an instrument without a legible one.
You are reading an agreement of purchase and sale and it mentions a Real Property Report. It may say the seller must provide one, or that the sale depends on you being satisfied with one. If you have never seen one, it is fair to wonder what you are agreeing to.
This article explains in plain words what the report generally is, how it differs from a plain survey or plot plan, and how it fits with the registered documents on your purchase.
This article covers the law of Newfoundland and Labrador.
What the term generally means
A Real Property Report is generally a drawing prepared by a land surveyor. It shows the boundaries of a lot, where the buildings and other structures sit in relation to those boundaries, and sometimes things like fences, driveways or easements. Its purpose is to let a buyer see whether what is on the ground matches what is being sold.
The term is not used the same way everywhere, and people often use survey, plot plan and Real Property Report loosely. The meaning in your deal comes from the wording of your agreement and what your lender asks for. A lawyer can confirm what a particular document in your file is.
Report, survey or plot plan: how they compare
| Document | What it generally is |
|---|---|
| Real Property Report | A surveyor's drawing showing the lot and the improvements on it in relation to the boundaries |
| Plain survey | A surveyor's drawing of boundaries, which may or may not show buildings or be recent |
| Plot plan | A simpler site sketch, often prepared for a building project, which may not be a survey at all |
Because these labels overlap, the safest step is to read how your agreement defines the document, and whether it must be recent or show current buildings.
Who prepares it, and who does not
A surveyor prepares the drawing. Drawing the legal documents is a different job. Practice of law in the province includes preparing a document relating to real property that must be registered in a public office, which covers deeds and mortgages for registration. Real estate agents may prepare and deliver the formal agreements of sale they negotiated.
A person who is not a member in good standing of the Law Society may not practise law, subject to listed exceptions. One exception lets an individual act on their own behalf in a proceeding to which they are a party, but it is framed around proceedings, so it does not clearly cover preparing your own deed or mortgage.
The Registry of Deeds says it is advisable to engage a lawyer to prepare the documents to ensure compliance and facilitate registration.
Why the property description matters
Paper documents for registration must carry an accurate written property description. The registrar may refuse to register an instrument on grounds including a missing legible property description. A refusal is appealed to the Supreme Court within 30 days.
Registration constitutes notice to anyone later claiming an interest in the land, and an instrument is considered registered when delivered if the registrar finds it compliant, which fixes the time of registration and priority. That is one more reason the description needs to be right the first time.
A survey or report can help you and your lawyer check that the description in the deed matches the land you think you are buying. In a sale for valuable consideration other than a mortgage, the grantor is treated as covenanting that they have full power to convey as beneficial owner and that the property is free of encumbrances except those expressly accepted. A drawing does not replace that, but it can reveal physical problems the paperwork would not.
Registry staff do not do searches for clients, and title searching in the province is complicated, so a professional search firm or lawyer is recommended. Whether a report is required for your purchase depends on the offer and your lender. How long you have to review it depends on the conditions written into your offer.
What to do next
- Find the clause that mentions the report and note who must pay for it and by what date.
- Ask whether the document must be new, or whether an older one will do.
- Compare the drawing against the house, fence, driveway and any shed or deck.
- Send the report to your lawyer before any condition expires.
- Ask your lender whether it requires a survey or report for your mortgage.
Frequently asked questions
Is a Real Property Report required to buy a house in Newfoundland and Labrador?
It depends on the terms of your offer and what your lender requires. Confirm both with your lawyer before you sign.
Is a Real Property Report the same as a plot plan?
Not necessarily. A plot plan is often a simpler site sketch, while a report is prepared by a land surveyor. The labels are used loosely, so check how your agreement defines the document.
Can a real estate agent prepare my deed?
Agents may prepare and deliver the formal agreements of sale they negotiated. Preparing a deed or mortgage for registration is practice of law.
What if the report shows a problem?
What you can do depends on the conditions in your offer, so raise it with your lawyer right away. Time limits are set by those conditions.
Sources
- Government of NL – Registering a Deed Document — gov.nl.ca
- Law Society Act, 1999, SNL1999 c L-9.1, s. 2(2)(c)(iv) — assembly.nl.ca
- Registration of Deeds Act, 2009, ss. 11(1), 23(1) — assembly.nl.ca
- Government of NL – Title Searching Information — gov.nl.ca
- Conveyancing Act, RSNL1990 c C-34, s. 4 — assembly.nl.ca
- Real Estate Trading Act, RSNL1990 c R-2 — assembly.nl.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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A home purchase with us is from $2,072.85, tax included. Third-party fees are extra.