Quebec Land Registry | Mortgage Consultation and Publication

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The Quebec Land Register is a public registry administered by the Quebec Ministry of Justice that ensures the publication of real rights on immovable property, including mortgages. In accordance with the Civil Code of Quebec (art. 2934-2968), every immovable hypothec must be published there to be enforceable against third parties. The Land Register allows consultation of the complete history of property titles, active mortgages, servitudes, rights of way and other charges encumbering an immovable. Consultation is available online through the MRNF (Ministry of Natural Resources and Forests) service for a fee. The register is organized by land registration divisions and each lot has a unique identification number. Notaries play a central role in publishing acts at the Land Register. Before any mortgage transaction, verification at the Land Register is an essential step for brokers, lenders and notaries to confirm the title of ownership, identify existing charges and déterminé the rank of the new hypothec.

The Land Register: Pillar of Publication of Rights

The Quebec Land Register is the central tool for the publication of real rights on immovable property in the province. Administered by the Ministry of Justice, it records all acts and rights affecting immovables located in Quebec. For mortgage brokers, understanding the Land Register's operation is essential, as it determines the ranking of hypothecs and confirms the state of property titles.

Organization and Consultation

The Land Register is organized by land registration divisions corresponding to Quebec's administrative divisions. Each immovable is identified by a unique lot number assigned during the cadastral renovation. Online consultation, through the MRNF service, provides access to the immovable index, property files, published acts and transaction history. Consultation fees apply based on the type of document consulted.

Immovable index: list of all acts affecting a given lot
Property file: summary of the state of rights on a lot
Act copies: full reproduction of published notarial acts
Certificate of location: document prepared by a land surveyor showing boundaries and structures

Publication and Mortgage Ranking

Publication of a mortgage at the Land Register is performed by the notary and determines its rank. The first creditor to publish their mortgage obtains first rank, and so on. This chronological priority system is fundamental in mortgage financing: ranking determines the order of repayment in case of default and directly influences the lender's risk and, consequently, the loan conditions offered to the borrower.

Release and Cancellation

When a mortgage loan is repaid, the creditor must grant a release of the hypothec, which is then cancelled from the Land Register by the notary. Cancellation confirms that the property is no longer charged with that hypothec. During refinancing, cancellation of the old hypothec and publication of the new one are generally done simultaneously to ensure continuity of rank.

Frequently Asked Questions

How can I consult the Quebec Land Register online?

The Land Register is accessible online through the Ministry of Natural Resources and Forests (MRNF) website. You need to create an account and pay consultation fees. You can search by lot number, address or owner name. Fees vary by document type, generally $1 to $15 per document.

Who can publish an act at the Land Register?

Publication of acts at the Land Register is performed by notaries. Since an immovable hypothec must be constituted by notarial act, the officiating notary proceeds with its publication. Publication establishes the hypothec's rank and makes it enforceable against third parties.

What is the difference between the Land Register and the RPMRR?

The Land Register concerns real rights on immovable property (mortgages on buildings, servitudes, ownership rights). The RPMRR (Register of Personal and Movable Real Rights) concerns rights on movable property and personal rights (movable hypothecs, lease contracts, security on vehicles). The two registers are distinct and complementary.

Is an unpublished mortgage valid?

An unpublished mortgage at the Land Register exists between the contracting parties but is not enforceable against third parties. This means that another creditor who publishes their mortgage first will have priority. Publication is therefore essential to protect the hypothecary creditor's rights.