Occupation and Ownership
I have occupied the property since _________________
I bought the property on ________________
The registered owners of the property are ______________________
The property is held as joint tenants by ________________
The property is held as tenants-in-common by_____________
No other person has an ownership interest in the property
The property is not being held in trust for anyone _______
The property is being held in trust for ___________________
I am authorized to act since I hold a Power of Attorney for _______
I am authorized to act since I am the appointed Estate Trustee for _______
I am authorized to act since I am the Estate Trustee with a Will for _______
I am married to ____________
We were legally married on __________________
The property is a matrimonial home ___________
The property is not a matrimonial home__________
My spouse claims an interest in the property as a matrimonial home
My spouse claims an interest in the property as a co-contributor _______
My spouse claims an interest in the property as a joint venturer________
I reside in a conjugal relationship with _______________
That relationship commenced approximately ______________
Our relationship is often referred to as a common law marriage ___________
My conjugal relationship partner is not claiming an interest in the property_____
My legal spouse/conjugal relationship partner has not occupied the property since _________
The property is freehold _____________
The property is a condominium _________
The property is freehold that includes an interest in a common elements condominium _____________
The property is a leasehold interest _________
The property is subject to an option to purchase __________
The property is subject to an option to lease ____________
The property is subject to a lease/option agreement __________
Liens, Charges, Encumbrances
Is there a first mortgage registered against the property? _______
If so, how much? _________
When was last payment made? _____
Can it be discharged? ________
Is there a discharge fee? _______
Can it be assumed? ________
Is there a second mortgage registered against the property? _______
If so, how much? _________
When was last payment made? _____
Can it be discharged? ________
Is there a discharge fee? _______
Can it be assumed? ________
Is there a third and/or collateral mortgage registered against the property? _______
If so, how much? _________
When was last payment made? _____
Can it be discharged? ________
Is there a discharge fee? _______
Can it be assumed? ________
Are there any liens registered against the property? ________
Are there any judgments obtained against you or any registered owner or prior owner? ___________
Are there any executions filed against you or any registered owner or prior owner? _______
Are the municipal taxes paid up to date? _______
Are there any municipal taxes outstanding from prior years? ______
Are there any municipal taxes outstanding for more than two calendar years? ___
Are there any construction liens against the property? ______
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
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? ______
Local Area and Municipal Issues (Zoning and Building)
The property is presently zoned as ______
Another part of the property is zoned differently as ______
Is the property in compliance with the existing zoning? ____
Is the property a part of a homeowners association which has required dues, payments, fees or other obligations? ______
Is the property accessible by a municipal road? ______
Is the property accessible only by easement? _______
If so, is that easement registered? _______
Who pays for the maintenance of the easement? ______
What is the present actual zoning designation for the property? _____
Have you made any applications for a zoning change? ______
Have any of the neighbours within 300 feet of the property made application for a zoning change, to your knowledge? ________
Within a radius of 2 km, are there any new developments:
Under construction?_____
Planned for development? ______
If so, explain ______________________________________________
Are there any hydro generation facilities (water, gas, nuclear, solar, or wind turbine) planned, within 2 km over the next 5 years? ______
Within a radius of 2 km, are there any:
Waste disposal sites? ____
Nuclear storage facilities? ____
Military camps, sites, facilities? ____
Land fill sites? ____
Within a radius of 2 km, are there any:
Elementary schools, public, separate or private? ____
Secondary schools, public, separate or private? _____
Colleges, Training Facilities, Universities? ______
Is the building on the property serviced by:
Municipal water? ____
Municipal sewers? ____
Municipal hydro? _____
cable TV? _____
Satellite TV? _____
Environmental Issues
Is the property subject to the jurisdiction of any Conservation Authority? ____
Is the property subject to flooding, pooling or the presence of water from natural sources? _____
Are there any restrictions concerning drainage of water on the property or by the neighbours? ____
Are there any restrictions concerning drainage of water onto the property from the neighbours? ____
Have there been any changes to the drainage on the property over the last 10 years? _____
Have there been any changes to the drainage by the neighboring properties over the last 10 years? _____
Have there been any hard surface materials placed or erected upon the property over the last 10 years (additions, decks, driveways)? ____
Have there been any significant below surface installations constructed upon the property over the last 10 years (basements, swimming pools, French drains)? ____
Are there any below the surface items, including:
Buried oil tanks? ____
Buried swimming pools? _____
Buried construction materials? _____
Septic system? ______
Former septic system? _____
Well in use? ____
Well, not in use? _____
Foundations of buildings, now removed? ______
Has the basement leaked water from the outside? _____
Has there been a sewer backup? _____
Has there been water damage for which an insurance claim was submitted? ____
Has there been any repair, renovation, or rectification of water damage (with or without an insurance claim)? _____
Were there ever any repairs made due to water damage from any source whatsoever (outside building, sewer backup, leaks in plumbing, overflowing water inside premises)? _____
Have there been any soil, building or property contamination issues due to:
Toxic substances? _____
Radon gas? _____
Underground oil tanks? ____
Underground gas tanks? ____
If so, provide particulars? _________________________________
Have any of the properties within 300 feet been used as a gas station or a commercial cleaners in the last 20 years? _____
Is the soil, ground, or surface of the property graded away from the building? ____
Have any changes or improvements been made to the grading over the last 10 years? ______
Has there been any evidence of soil erosion over that last 5 years? ____
If so, have any remedial measure been undertaken? ____
Is the building(s) heated by fuel oil? _____
What is the age of the tank? _____
Is it located above ground? ______
Is it located below the ground? _____
Has it been inspected? _____
When was it inspected? ____
Is there a compliance report available? ______
Has the building been used to grow marihuana within the last 10 years? ____
Has the building been used to grow any illegal substance within the last 10 years? ____
Has the property been used to grow marihuana within the last 10 years? ____
Has the property been used to grow any illegal substance within the last 10 years? ____
Has the building been used to grow flowers or any kind of plant within the last 10 years? ____
Has the building been used to grow flowers or any kind of plant within the last 10 years? ____
Has the building or the property been used to develop any kind of legal or illegal chemicals (including a meth lab) within the last 10 years? _____
Building Construction, Permits, Approvals
How long has the present building been situate upon the property? ____
Who was the builder? ____
Was a building permit obtained? ____
Do you have a copy of the plans? ____
Did the municipality ever conduct a final inspection? ____
Was a final certificate of inspection issued? ____
Do you have a copy? _____
Is there a swimming pool? ____
Permit? ____
Approval? ____
Copy? ____
Is there a deck attached to the house? ____
Permit? ____
Approval? ____
Copy? ____
Is there a separate building for the garage? ____
Permit? ____
Approval? ____
Copy? ____
Is there an outdoor building, sufficient in size to require a permit? ____
Permit? ____
Approval? ____
Copy? ____
How old is the roof on the building? ____
Has the roof material been replaced? ____
When? ___
What type of electrical system is present? ____
Voltage? ____
Recent Inspection? ____
Was there ever Knob and tube wiring? ____
Is it still operational? ____
Has it been decommissioned? _____
When? ____
Is there a copy of the invoice? _____
Was aluminum wiring ever part of the electrical wiring?
Has it been inspected? ____
Has it been remediated? ____
When? ____
Is there a copy of the invoice? _____
Is the plumbing system operational? ____
Are the input pipes all copper? ____
Are any of the input pipes: galvanized metal, lead or plastic? ____
How old is the heating system? _____
Has the furnace been replaced? ____
What is the age of the furnace? ____
Does the furnace use oil for fuel? ____
Does the furnace use gas for fuel? ____
Does the furnace use propane for fuel? ____
Is it under warranty by the installer or by the manufacturer? ____
Have any changes been made to the ventilation system? ____
Have the air ducts been cleaned? ____
If so, when? ____
Does the building contain a central air conditioning system? ____
How old is the system? _____
Does the system use the same air ducts as the furnace? ____
Has the central air conditioning been replaced? ____
What is the age of the central air conditioning? ____
Is it under warranty by the installer or by the manufacturer? ____
General Issues
Are there any matters out of the ordinary that effect, or concern or are related to the property in any way? _____
Have you been told that the property is haunted? ____
Has the property been featured in any newspaper articles? ____
Have the neighbouring properties been featured in any newspaper articles? ____
Have there been any crimes committed, on the property? _____
Have there been any crimes committed on any of the adjoining properties? ____
Has there been a murder on the property? ____
Has there been a suicide on the property? ____
So, that’s a rough “working document “ for material facts.
Brian Madigan LL.B., Broker