What you need to know about Real Property Reports (RPR)

A Real Property Report (RPR) is a document that illustrates the location of visible improvements (for example, a house, garage, shed, deck, or fence) located on a property relative to the property boundaries. RPRs are not prepared for condominium units.

An RPR includes the following:

  1. The legal description of the property;
  2. Dimensions and directions of all property boundaries;
  3. Designation of adjacent properties, roads, lanes;
  4. Location and description of all relevant improvements situated on the property including dimensions and distances from the property boundaries;
  5. Right-of-way or easements as noted on the title to the property at the date of the survey;
  6. Location and dimension of any visible encroachments onto, or off of the property; and
  7. A certificate and opinion by an Alberta Land Surveyor.

Because an RPR includes a statement detailing the surveyor’s opinions or concerns, the RPR is often relied on by the buyer, seller, lender, and the municipality as an accurate representation of the improvements located on the property.

If you are a Seller, you need an RPR because:

  1. It may protect you from potential future legal liabilities resulting from problems related to property boundaries and improvements.

If you are a Buyer or Owner of Property, you need an RPR because:

  1. You will know the accurate locations and dimensions of buildings, improvements, rights-of-way, and encroachments relative to boundaries of your property.
  2. You will know the physical dimensions of the property.
  3. It shows the location of improvements within the property boundaries (example – Is your home too close to the property line?).
  4. It shows any encroachments from adjacent properties (example – is part of your garage on your neighbour’s property?).
  5. It shows whether the property complies with municipal bylaws and fire codes.
  6. It shows if there are any problems relating to property boundaries.
  7. Your Mortgage Lender will need to ensure the property complies with municipal bylaws.

Alberta Law Society Recommended Rules regarding Real Property Reports

The Alberta Law Society has Recommended Rules for real estate lawyers regarding Real Property Reports, including the following:

  1.  The Buyer’s Real Estate Lawyer should not have to proceed to registration until they have the opportunity to review an RPR.  Interest should only be paid at the mortgage rate mortgage amount if the buyer wants to take possession or  Possession shall be postponed until one is provided and no interest shall be payable.
  2. Original RPR’s are not required.
  3. Age of the RPR is not relevant so long as it reflects the current state of the property (exception: purchaser’s lender may have certain requirements)
  4. If an RPR is prepared before the date of final acceptance of the Purchase Contract, the Seller should sign a statutory declaration that there have been no changes
  5. RPRs do not need to include sidewalks, driveways, landings, or small sheds;
  6. A removal of an improvement does not require a new RPR; and
  7. All fences must be shown on the RPR.

 

2017-03-18T00:31:04+00:00