Title examination in Québec, step by step.
A title examination is the notary's verification that a seller holds a valid ownership title, free of unexpected charges. In Québec, it rests on the Land Register: the chain of title, published charges and the location certificate. This guide walks through each step — and what always remains with the notary.
NotarIA Team · July 19, 2026 · 12 min read
What is a title examination?
A title examination (or immovable title examination) is the verification, performed by the notary through Québec's Land Register, that the seller holds a valid title free of unexpected charges. It is, in effect, the notary's real-estate due diligence: it comes before a sale, a refinancing or any transaction where the quality of the title matters.
In Québec, the examination rests on the publication of rights: to be enforceable against third parties, immovable rights — sales, hypothecs, servitudes — must generally be published in the Land Register (C.C.Q. art. 2924 and 2938; Act respecting the publication of rights, RLRQ c. P-2.2). The register therefore tells a property's legal history: who acquired it, from whom, when, and under which charges.
A title examination is more than reading those entries: it means ordering them, checking their consistency and spotting what is off — a missing link, an undischarged hypothec, a lot that does not match. It is legal analysis work, and its conclusion engages the notary's professional liability.
Before you start: the documents to gather
A sound examination starts with a complete file. In general, you gather:
The cadastral description
The lot number (and the renovated lot, where applicable) identifies the property in the Land Register; without it, you cannot target the right index.
The Land Register's immovable index
The per-list listing of entries: sales, hypothecs, servitudes, discharges. It is the raw material of the chain of title.
The deeds cited in the index
Each entry points to a deed (sale, hypothec, discharge, declaration of co-ownership…). Obtain the relevant deeds to verify their content, not just their summary.
The location certificate
The land surveyor's report describing the property's current state; it will be cross-checked against the entries.
The promise to purchase and the file's documents
They set out the parties, price, conditions and the charges the buyer accepts — the frame of the examination.
Reconstructing the chain of title
The chain of title is the chronological sequence of a property's ownership transfers. You rebuild it link by link, from the register.
Start from the current owner and work back: each grantee must be the grantor of the next link. For each link, check the names (including civil-status variations), the registration dates and the registration numbers. In general, you go back far enough to cover the thirty-year period — sometimes further, depending on the file.
A chain break — a seller who never appears as a grantee, a missing transfer, an unpublished estate transmission — interrupts the demonstration that the seller actually holds the title. It does not necessarily kill the transaction, but it calls for further verification before concluding.
The checks that forgive nothing
Some anomalies slip past a quick read and become expensive after signing. No examination should skip these safety nets:
Chain breaks
Any link where yesterday's grantee is not today's grantor. A frequent cause: an estate or matrimonial transfer that was never published.
Undischarged charges
Hypothecs, servitudes or other published rights still burdening the property. A paid-off but undischarged hypothec must be dealt with before concluding, depending on the file.
The thirty-year period
In Québec, acquisitive prescription of immovables runs notably over thirty years (C.C.Q. art. 2910 and 2917). The examination generally covers that window to make sure no earlier title contradicts the chain.
The legal construction hypothec
Construction or renovation participants may publish a legal hypothec (C.C.Q. art. 2726), sometimes late. Check recent work and publication deadlines.
Lot concordance
The lot examined must be the lot being transacted. After a renovated lot, an updated cadastre or a transcription error, numbers diverge — and the examination covers the wrong property if the gap goes unnoticed.
Cross-checking with the location certificate
The register states the law; the location certificate states the ground. A complete examination cross-checks both.
The certificate's report is governed by section 9 of RLRQ c. A-23, r. 10 (a regulation under the Land Surveyors Act, RLRQ c. A-23), which sets out 23 items: identification of the land surveyor and client, description of the lots, findings on servitudes, encroachments, compliance and seniority of the buildings, among others.
Each item is checked against the register: a servitude shown on the plan should generally appear in the index; an encroachment onto a neighbour raises a title question; a building of uncertain seniority can raise a compliance issue. Reservations often hide in the gaps between paper and ground.
Concluding: good and marketable?
The examination ends with the notary's conclusion — and that is precisely what makes it a professional act, not a software output.
A positive conclusion reads, in substance, like this: after examining the Land Register entries and the location certificate, the seller appears to hold a valid title, subject to the points expressly raised. When the examination reveals an anomaly, the notary formulates a reservation: spell it out, require its regularization (discharge, corrective publication, a complementary title) or, depending on the file, recommend not proceeding.
Declaring a title "good and marketable" is a legal judgment that engages the notary's liability. No software — NotarIA included — should make it in their place. What a tool can do: order the facts, apply systematic safety nets and document. What it will never do: conclude.
How NotarIA speeds up each step
NotarIA automates the mechanics of the examination and leaves the judgment to the notary. Concretely:
A scope reservation, stated in the report: NotarIA has no direct access to the Land Register — entries come from uploaded documents or manual input. And the AI never declares a title "good and marketable": the conclusion belongs to the notary, who signs and decides.
| Step | What NotarIA does | What stays with the notary |
|---|---|---|
| Documents | Extracts entries from uploaded documents (OCR included for scans) | Gather and validate the file's documents |
| Chain of title | Proposes links, dates and registration numbers | Confirm, correct or reject each link |
| Safety nets | Deterministic checks: chain breaks, undischarged charges, thirty-year period, grantee/grantor continuity, lot concordance | Assess severity and decide on next steps |
| Location certificate | Reads the 23 items (s. 9 RLRQ c. A-23, r. 10) and flags problematic observations | Confirm the findings and cross-check them with the register |
| Conclusion | Dated, cited report, filed to the matter | Write and own the conclusion — never the AI |
The steps at a glance
Gather the file's documents
Collect the cadastral description (lot number), the Land Register index, the cited deeds, the location certificate and the promise to purchase. An incomplete file means blind spots from the start.
Reconstruct the chain of title
Trace the sequence of transfers back from the current owner, link by link. For each link, check the names, dates and registration numbers.
Check continuity and charges
Make sure each grantee is the grantor of the next link, and flag any chain break. Then list undischarged charges: hypothecs, servitudes and other published rights.
Control the thirty-year period and the lot
Cover the acquisitive-prescription window (C.C.Q. art. 2910 and 2917) and check for a legal construction hypothec (art. 2726) when work is recent. Confirm the lot examined matches the lot being transacted.
Cross-check the location certificate
Read the report's 23 items (s. 9 RLRQ c. A-23, r. 10) and confront them with the entries: servitudes, encroachments, seniority of the buildings. Any gap between the ground and the register deserves a reservation.
State the conclusion and reservations
The notary concludes on the title's validity and, where needed, formulates reservations: discharging a charge, corrective publication, a complementary title. That conclusion belongs to them alone.
Document the examination in the file
File the consulted documents, the checks performed and the dated examination report. That traceability protects the client and the notary alike.
Frequently asked questions
How long does a title examination take?
It varies by file: the depth of the chain, the number of entries, the anomalies found and the availability of deeds. A simple property can be handled quickly; an old chain or charges to regularize take longer.
Who performs a title examination in Québec?
The notary, as part of their practice: they reconstruct the chain, verify the charges and own the conclusion, which engages their professional liability. Software can assist the mechanics; it cannot conclude.
Is a title examination mandatory?
It depends on the context. In a sale or financing, the notary generally verifies the title before concluding; the examination's scope varies by file. For information only: to know what applies to your transaction, consult a notary.
Can software conclude in my place?
No. The conclusion — for example, declaring a title "good and marketable" — is a legal judgment that belongs to the notary. A tool like NotarIA prepares the facts, applies deterministic safety nets and produces a dated report; the notary confirms, concludes and signs.
Save hours on every examination.
See NotarIA's title examination on a real property: request a demo.
Assistant — not legal advice. The notary reviews, signs and decides on every act.