A short notarial glossary

A to Z

The terms explained

Certificate of location#

A land surveyor’s document describing the situation of an immovable and flagging irregularities.It shows what is really on the land: buildings, encroachments, servitudes, municipal by-laws. Out of date or incomplete (a shed added, a fence moved), it is one of the most common causes of delay at signing.Real estate law

Common-law partners (conjoints de fait)#

People who live together without being married. In Québec they do not inherit from one another without a will, except in a parental union.Living together creates no rights between them: no family patrimony, no matrimonial regime, no support obligation. Since 30 June 2025, parents of the same child are in a parental union (the residences, their furniture and the family cars are shared, and the survivor receives one third of the estate). Otherwise, only a will lets the partner inherit.Common-law partnership agreement

Declaration of transmission#

The deed that records in the Land Register the transfer of an immovable following a death.It records in the Land Register the transfer of a property after a death, before a notary. Without it, the deceased remains the registered owner and the property can be neither sold nor hypothecated.Estate settlement

Hypothec#

Security given over an immovable to guarantee repayment of a loan. The Québec equivalent of a mortgage.The security that lets a lender have the property sold if it is not repaid. The deed must be received by a notary, en minute, on pain of nullity (article 2693 of the Civil Code of Québec), without exception.Real estate law

Land Register (Registre foncier)#

The public register where rights over immovables in Québec are published.The public register of rights in immovables: owner, hypothecs, servitudes. An unpublished deed cannot be set up against third parties; after a death, the property stays in the deceased’s name until the declaration of transmission.Real estate law

Liquidator#

The person responsible for settling an estate: inventory, payment of debts, transmission of property.The person who settles the estate from start to finish: will search, inventory, debts, declaration of transmission, distribution. The role can be refused, except by the sole heir; skipped steps can make the heirs liable for debts beyond what they receive.Estate settlement

Notarial deed (acte notarié)#

A deed executed before a notary. It proves its own content and its date cannot be challenged. The original stays with the notary.An authentic act: the notary checks the parties’ identity and understanding, and keeps the minute (the original) permanently. Its date and content cannot be challenged.

Partnership of acquests (société d’acquêts)#

The matrimonial regime that applies by default in Québec when there is no marriage contract.The default regime since 1 July 1970 without a notarial marriage contract. Property owned before the marriage or received by gift or inheritance stays private; income and acquisitions during the marriage are divided in value, including the income from private property.Civil marriage

Protection mandate (mandat de protection)#

A document naming in advance who will look after you and your property if you become incapable. Formerly a mandate in case of incapacity.It takes effect only after a medical assessment, a psychosocial assessment and homologation; a power of attorney applies while you are capable and ends at incapacity. Without a mandate, the court opens a tutorship to a person of full age and chooses the representative.Protection mandate

Public officer (officier public)#

The notary’s role, which requires acting impartially towards every party rather than defending one of them.A duty, not a title: the notary advises every party to the deed in the same way, including the one that did not retain them, unlike a lawyer, who defends one party.

This list is indicative. Depending on your situation, other documents may be required or some may not apply. It does not replace the instructions you will be given for your own file.

Official sources

• Chambre des notaires du Québec
• Éducaloi
• Registre foncier du Québec