Brian Madigan’s “Material Facts” CHECKLIST Part 2

Here are two further sections, one on liens, charges and encumbrances and the next on property use, boundaries and limits.

These will all require some sort of response from the seller/owner.

The list of items is not exhaustive. Depending on the question, the response and its importance, this may lead to other questions. If it would affect a buyer’s decision to buy, then, you should have an answer.

Liens, Charges, Encumbrances

  1. Is there a first mortgage registered against the property? _______
  2. If so, how much? _________
  3. Can it be discharged? ________
  4. Is there a discharge fee? _______
  5. Can it be assumed? ________
  6. Is there a second mortgage registered against the property? _______
  7. If so, how much? _________
  8. Can it be discharged? ________
  9. Is there a discharge fee? _______
  10. Can it be assumed? ________
  11. Is there a third and/or collateral mortgage registered against the property? _______
  12. If so, how much? _________
  13. Can it be discharged? ________
  14. Is there a discharge fee? _______
  15. Can it be assumed? ________
  16. Are there any liens registered against the property? ________
  17. Are there any judgments obtained against you or any registered owner or prior owner? ___________
  18. Are there any executions filed against you or any registered owner or prior owner? _______
  19. Are the municipal taxes paid up to date? _______
  20. Are there any municipal taxes outstanding from prior years? ______
  21. Are there any municipal taxes outstanding for more than three calendar years? ___
  22. Are there any construction liens against the property? ______
  23. Have you had any work done at the property or in respect to the property (an improvement built offsite) over the last 45 days? _______

Property: Use, Boundaries and Limits

  1. Is the property part of a Plan of Subdivision for the property? _______
  2. Is there a survey of the property? _____
  3. Does the survey show the location of the building? ________
  4. What is the date of the survey? __________
  5. Have you ever contracted a surveyor to prepare a survey? ______
  6. Do you have an original of the survey? __________
  7. Do you have a copy of the survey? __________
  8. Are there any encroachments not shown on the survey? _____
  9. Have there been additions to the building which are closer to the lot lines than the original building? _____
  10. Have there been any improvements to the property, garage, shed, cabana, gazebo, decks, driveways, swimming pool, pool equipment (filter, pump, heater, chlorinator), hot tub, air conditioning unit, landscaping or plantings that are any closer to the lot lines than shown on the survey? _______
  11. Have any trees, bushes or shrubs been planted on or along the boundary lines? ___
  12. Are there any fences constructed or erected on or along the boundary lines? _____
  13. If so, how long have they been in place? _____
  14. Who owns the fence? ______
  15. Did the neighbour consent to the erection of the fence? ______
  16. Did the neighbour contribute to the cost of the fence? _____
  17. Does the existing fence show upon the survey? ______
  18. Is there a municipal, telephone, cable, hydro or other easement on the property? __
  19. Has anything been constructed on the easement by a third party (transformers etc.)?
  20. Has anything of a permanent nature been constructed upon the easement by you or any previous owner (driveway, sidewalk, lamppost, fence)? ______
  21. Is there a hydro pole on the property? ____
  22. Do you own the hydro pole? _____
  23. Do you pay a regular fee for the maintenance of the hydro pole? _____
  24. Have you planted any trees, bushes, or other vegetation which you are planning to take with you? _____
  25. Are you aware of any restrictive covenants affecting the property? ____
  26. Are you in compliance with any restrictive covenants? ____
  27. When do the restrictive covenants expire? ____
  28. Are you aware of any non-compliance of the building, any improvements upon the property, or the property itself with any municipal or governmental authority? ___
  29. Are there presently any disputes with any of the owners or occupants of neighbouring or abutting properties over the boundaries, he location or placement of any chattel, fixture or improvement? ____
  30. Have any issues or disputes with neighbours been resolved through agreement? ___
  31. Do you have a copy of that agreement? ______
  32. Is there a mutual driveway? _____
  33. Has the mutual driveway been registered on title? _____
  34. Do you use the mutual driveway? _____
  35. Does the neighbour use the mutual driveway? ____
  36. Are there any problems associated with the use of the mutual driveway? ____

Brian Madigan LL.B., Broker

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