Reading a condo file · Part 10 of 10

The Index of Immovables: What the Land Register Shows That the Syndicate Doesn't

Published 5 min read

Every other document in a condo file comes from someone with a stake in the sale: the syndicate, its manager, or the seller. The index of immovables (index des immeubles) doesn't. It is the land register's list of every right published against a lot, and it is the one place where some of the file's answers can be checked independently.

Most of what it shows is routine. A few entries are not, and they can contradict what the attestation or the seller says.

What the index is, and which lots to pull

The Registre foncier du Québec keeps one index page per lot, listing every document published against it in order: sales, hypothecs, notices, discharges, and for a condo, the declaration of co-ownership and its amendments. You consult it online with a client account and the lot number, for a small fee per document (Gouvernement du Québec).

For a condo, one lot is not enough. Pull at least:

  • The unit's lot, the private portion.
  • The common portions lot, which carries the declaration, its amendments and anything registered against the building as a whole.
  • Any separate lots for a parking space or a storage locker that comes with the unit.

The lot numbers are on the deed, the tax bill, and in our free lot tool, which also shows which lots belong to the same unit.

Five entries that matter for a condo buyer

1. The syndicate's legal hypothec against the unit

When a co-owner is more than 30 days late on common expenses, the syndicate can register a legal hypothec against that owner's unit (art. 2729). The notice states the amount owed and the expenses projected for the current year and the next two (Registre foncier).

Set it against the attestation. A legal hypothec registered by the syndicate next to an attestation showing no arrears is a contradiction worth a written question: either the arrears were paid and the hypothec was never discharged, or one of the two documents is wrong. Unpaid common expenses on the unit become the buyer's to settle at the sale (art. 1069), so the notary needs to know.

2. A prior notice of exercise against the unit

A prior notice of exercise of a hypothecary right (préavis d'exercice) means a creditor, often the seller's lender or the syndicate, has started enforcing its hypothec: taking possession, taking the unit in payment, or selling it (art. 2757). For an immovable, the owner has 60 days to surrender it (Registre foncier).

It doesn't stop a sale, and a seller under pressure may simply want out. But it changes the conversation: the timeline is tighter, the creditor may have a say, and the notary will need to clear it.

3. Construction legal hypothecs against the common portions

A contractor, worker or supplier who took part in work on the building and wasn't paid can register a legal hypothec, within 30 days after the work ends (art. 2727). It lapses after six months unless they sue or register a prior notice (Registre foncier).

On the common portions lot, it points to a dispute between the syndicate and a contractor over work on the building. Look for it in the minutes and the financial statements: a contested invoice, a holdback, a lawsuit. An unpaid bill the syndicate loses becomes a cost for every co-owner.

4. Amendments to the declaration

Amendments to the declaration of co-ownership are published, and they appear in the index. Compare the list with the declaration the syndicate sent. An amendment that is registered but missing from the package can change rental rules, the use of a common portion, or the relative values. Ask for it. Our article on the declaration covers the restrictions to look for.

5. The ordinary entries

Most of the page is routine: the sales of the unit over the years, the seller's mortgage, discharges of older ones. The seller's hypothec is paid off from the sale price, and the notary handles it. They are worth a glance for one thing: a long string of quick resales of the same unit is unusual, and sometimes says something about the unit or the building.

How to read an entry

Each line has a date of presentation, a registration number, the nature of the document (sale, hypothec, notice, discharge) and the parties. The registration number opens the full document for recent entries. Discharges appear as a notation on the entry they cancel, so an old hypothec may already be cleared even if it is still listed.

Older entries are on scanned pages from before the register was computerized, sometimes handwritten. If a lot in renovated territory shows nothing before a certain date, the earlier history is under the old lot number, which the page lists as a concordance (Registre foncier).

What it is not

It is not a title examination. That is the notary's work, and a reading of the index does not replace it.

A clean index doesn't mean no arrears. The syndicate's legal hypothec exists only once its notice is registered, and many syndicates collect late payments without ever registering one. The attestation and a written question to the syndicate still matter.

And the official register prevails over any summary of it, including yours.

What to do with it

  • Pull the index for the unit's lot, the common portions lot, and any parking or storage lots, early in the file.
  • Set the syndicate's legal hypothecs against the attestation's statement on arrears.
  • Note any prior notice of exercise and tell your buyer and the notary.
  • Check construction legal hypothecs on the common portions against the minutes and the financial statements.
  • Compare the registered amendments with the declaration in the package, and ask for any that are missing.
  • Put any contradiction to the syndicate or the seller in writing, while your buyer's review condition still runs. Our article on the document review condition covers the timing.

Sources

Read the whole file, not one document.

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This article is for general information only and is not legal advice.

This article was written with the help of AI tools, then reviewed and checked against the laws, regulations and decisions it cites by the Quotepart team.