Commercial property title and access: questions before you commit

1. Identify the property precisely

Start with the correct parcel identifiers and legal descriptions. Confirm whether the opportunity includes one parcel, several parcels or a strata lot with rights relating to common property. Give your lawyer and other advisers the same list so everyone investigates the same property.

LTSA explains that title information includes registered ownership and registered interests, and that a civic address is not the identifier used for an LTSA title search. Ask your adviser to obtain the appropriate current records. Do not rely on a marketing address as a complete legal description. A civic address can help locate the parcel and PID through ParcelMap BC. LTSA: Find information on a title.

2. Ask what each relevant entry means

A title search is a starting point for review. Ask your lawyer which underlying documents must be obtained and how they affect your proposed ownership or use. LTSA identifies easements and restrictive covenants among the interests that may appear. Their effect depends on the actual documents. LTSA: Find information on a title.

Keep the explanation practical: what can you do, what must you allow, what costs or obligations may follow, and what still needs investigation? Avoid deciding that an entry is harmless merely because it is common, old or described with an unfamiliar abbreviation.

3. Match the rights to the operation

Show your advisers how the business would function. Mark where vehicles would enter, queue, load and turn; where staff and visitors would park; and where proposed equipment or works would sit. Ask which assumptions are supported and which depend on another owner or further approval.

Illustrative example: a warehouse viewing suggests that trucks could turn across an adjoining paved area. The buyer should establish whether there is a right to use that area, what conditions apply and whether the intended vehicles fit. An apparent route on the ground is not enough to settle those questions.

4. Keep title, physical and municipal checks connected

Ask the lawyer, surveyor or other appropriate adviser which plans or measurements are needed. Separately investigate zoning, permits and the suitability of the building for the intended operation. Do not ask one document to answer every question about a property.

For a development site, distinguish an existing right from a future negotiation or approval. If the project depends on additional access or servicing, record that as a dependency with a responsible adviser and a next step. Avoid describing a possibility as something already secured.

5. Bring the findings back to the purchase decision

Summarise the issues in plain language before deciding whether to proceed under your agreement. Have your lawyer explain contractual deadlines and available options. Some findings may call for further information, a change to the plan or a discussion with the seller; the appropriate response is property-specific.

Keep the final documents and professional explanations in your ownership file. When you later alter, lease or sell the property, revisit the relevant restrictions rather than relying on memory. Clear records help the next decision start with evidence instead of assumptions.

Sources and further reading

• LTSA: Find information on a title
• LTSA: Land records glossary

General information for commercial property decisions in Metro Vancouver and the Fraser Valley. Confirm property-specific requirements with the appropriate legal, financial and technical advisers.