Why your Property Legal Description Matters
This post is a part of our OREA APS series. This time we are taking about the legal description which is found on the first page of Form 100 (which deals with freehold houses) and Form 101 (which deals with condominium units).
In Ontario, every parcel of land has a legal description—a formal, precise way of identifying the property for legal and land registration purposes. This description is used in deeds, mortgages, title documents, and real estate agreements to avoid confusion over property boundaries or ownership. While most people identify property by its street address, legal descriptions are what truly define property ownership in the eyes of the law.
Historically, legal descriptions in Ontario were often based on the “metes and bounds” system. These descriptions detailed a property’s boundaries using physical landmarks, compass bearings, and distances—for example, “starting at the old oak tree, 200 feet north to the fence line.” While functional at the time, metes and bounds descriptions could be vague, inconsistent, and prone to disputes, especially as natural landmarks changed or disappeared over time. These older descriptions still exist in rural and un-subdivided areas, where a Surveyor may be required to confirm the boundaries.
In the City, legal descriptions for freehold properties are typically based on registered plans of subdivision, which offer a clearer and more standardized method of identifying land. Subdivision plans divide land into numbered lots and blocks, each with clearly defined boundaries filed in the local land registry office. A legal description might now read: “Lot 7, Plan 1234, City of Ottawa.” This type of description is tied to a surveyed and registered plan, making it easier for buyers, lawyers, and government officials to understand exactly where a property begins and ends.
Legal descriptions for condominiums are handled differently from those of freehold properties. Condo legal descriptions are governed by the Condominium Act, 1998 and are created through a specific legal and planning process that involves registering a condominium plan.
When a condominium is developed, the builder (or developer) must prepare and register a condominium declaration and a plan of survey with the local Land Registry Office. This plan includes detailed information about the unit boundaries, common elements, and exclusive-use areas (such as balconies or parking spaces depending on how the condominium is set up). Once this plan is registered and approved, the land it covers is legally recognized as a condominium corporation and individual units can be sold. Legal descriptions also define the rights and responsibilities of owners when it comes to maintenance and repairs—typically anything inside the unit falls under the owner’s responsibility, while everything outside (hallways, lobbies, structure) falls to the condominium corporation but this can vary.
A typical legal description for a condominium unit might look like this:
“Unit 10, Level 4, Ottawa Standard Condominium Plan No. xxx”
This tells us the unit number, floor level, and the registered condo plan number. The plan number uniquely identifies the condominium corporation and can be referenced to view the original survey and declaration documents.
Whether through a plan of subdivision or through a condominium declaration and plan of survey, accurate legal descriptions are vital not just for ownership, but for land use planning, taxation, zoning compliance, and municipal services. They ensure that property boundaries are enforceable, disputes are minimized, and all parties—including buyers, sellers, municipalities, and lenders—have a consistent understanding of the land involved. An incorrect or vague description can result in delayed transactions, disputes, or even voided agreements.
The legal description is a critical component of real estate law and land registration. From the older, less precise metes and bounds system to the modern clarity of subdivision plans, legal descriptions have evolved to support the province’s growing and changing land use needs.
The content on this post is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship.