Describing the Property in your Agreement of Purchase and Sale

The property that is the subject of the Agreement of Purchase and Sale must be identified in the Agreement. The municipal address is the first component of the exercise. Then, there is the space to identify the side of the street upon which the property is located, a provision especially for instances, where the property has a municipal address on one street but actually fronts on another, such as a corner property. The address portion provides space to identify the municipality and region, county, or district (if applicable), where the property is located. Next, the dimensions of the property are given as “more or less”. There have been attempts to define the parameters of “more or less”, because a minor discrepancy in many transactions is encompassed by “more or less”. As property becomes more expensive, the concept of “more or less” becomes less forgiving. In fact, this issue becomes particularly important in areas where, for example, a minimum frontage is imperative so as to get a building permit. Referring to and attaching a survey identifying the property and its dimensions is one method for attaining accuracy. The other is inspection and taking measurements, despite its shortcomings, like inability to check precisely the wall thickness.

In any case, care is to be taken to ensure that the survey is accurate, and that there is no post-survey changes made to the buildings, structures or other improvements to the property. Then there could be further easements or rights of way added after the completion of the survey, thereby limiting its usefulness. Lastly, there should be space to provide a brief legal description of the property, containing items like lot and plan or lot and concession along with the easements and rights of way. The reason for a meticulous description of all easements that the property is subject to is that easements are a limitation upon the owner’s right to use of the property. Should the seller’s title be not described as being subject to such easements or rights of way, the buyer would have a virtually irrefutable complaint.

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