Here is one further section, 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, may lead to other questions. If it would affect a buyer’s decision to buy, then, you should have an answer.
Property: Use, Boundaries and Limits
- Is the property part of a Plan of Subdivision for the property? _______
- Is there a survey of the property? _____
- Does the survey show the location of the building? ________
- What is the date of the survey? __________
- Have you ever contracted a surveyor to prepare a survey? ______
- Do you have an original (signed and sealed) survey? __________
- Do you have a copy of the survey? __________
- Are there any encroachments not shown on the survey? _____
- Have there been additions to the building which are closer to the lot lines than the original building? _____
- Have there been any improvements to the property, for example fences, 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? _______
- Have any trees, bushes or shrubs been planted on or along the boundary lines? ___
- Are there any fences constructed or erected on or along the boundary lines? _____
- If so, how long have they been in place? _____
- Who owns the fence? ______
- Did the neighbour consent to the erection of the fence? ______
- Did the neighbour contribute to the cost of the fence? _____
- Does the existing fence show upon the survey? ______
- Is there a municipal, telephone, cable, hydro or other easement on the property? __
- Has anything been constructed on the easement by a third party (transformers etc.)?
- Has anything of a permanent nature been constructed upon the easement by you or any previous owner (driveway, sidewalk, lamppost, fence)? ______
- Is there a hydro pole on the property? ____
- Do you own the hydro pole? _____
- Do you pay a regular fee for the maintenance of the hydro pole? _____
- Have you planted any trees, bushes, or other vegetation which you are planning to take with you? _____
- Are you aware of any restrictive covenants affecting the property? ____
- Are you in compliance with any applicable restrictive covenants? ____
- When do the restrictive covenants expire? ____
- 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? ___
- Are there presently any disputes with any of the owners or occupants of neighbouring or abutting properties over the boundaries, the location or placement of any chattel, fixture or improvement? ____
- Have any issues or disputes with neighbours been resolved through agreement? ___
- Do you have a copy of that agreement? ______
- Is there a mutual driveway? _____
- Has the mutual driveway been registered on title? _____
- Do you use the mutual driveway? _____
- Does the neighbour use the mutual driveway? ____
- Are there any problems associated with the use of the mutual driveway? ____
- Are there any objects, overhanging windows, eavestrough etc. over the mutual driveway easement, on your side? ______
- Are there any objects, overhanging windows, eavestrough etc. over the mutual driveway easement, on your neighbour’s side? ______
Brian Madigan LL.B., Broker