Title vs Deed in Quebec: What is the difference? (2025)

In Quebec real estate, property titles and deeds are governed by the Civil Code of Quebec, which works differently from the common law system used in the rest of Canada. This difference affects how real estate ownership is defined, recorded and transferred.

In this article we cover:

• What is a title in real estate?
• Different types of title in real estate in Quebec
• What is a deed in real estate?
• Different types of deed in real estate in Quebec
• Title vs Deed: What is the difference? (At a glance)
• Deed requirements and registration
• The role of the notary in deeds
• What to do if you lose your deeds?

What is a title in real estate?

In Quebec real estate, a title is the legal document that proves who owns a property and under what conditions. It acts as evidence that an individual has a legitimate right to use, transfer, sell or otherwise control a designated piece of land and/or real estate.

A title can also impose certain limitations on the owner. For example, ownership might be subject to limitations like mortgage repayments, easements or hindrances.

In Quebec, it is the job of the notary to update the title by registering the deed of sale in the Land Register (Registre foncier du Québec). This registration makes the buyer the new legal owner in the eyes of the government and ensures the transfer of ownership is publicly recognized and legally valid.

To check the title for a particular property, you can visit the Registre foncier du Québec and enter the property’s cadastral (lot) number to view the official ownership record.

Different types of title in real estate in Quebec

Quebec real estate has five types of property titles. These define the nature and duration of ownership rights a person holds over a property and are encoded into Quebec’s Civil Code. These title types are:

• Full Ownership (Pleine propriété / Fee simple) – This is the most common form of ownership. The owner has full and indefinite rights over the property and the land it sits on. They can sell, transfer, mortgage or bequeath it freely, subject only to municipal and provincial laws. This is what most homeowners in Quebec have.
• Co-ownership (Copropriété) – This is where two or more people share legal ownership of the same immovable property. There are two types, divided vs undivided co-ownerships.
• Leasehold (Emphytéose or Bail à long terme) – This grants the right to use and occupy a property for a fixed term (often 20 to 99 years). However, in this case, ownership of the land remains with another party (often a municipality or institution). When the lease expires, ownership of any improvements or buildings reverts to the landowner. This is common for certain institutional or heritage lands.
• Life Estate (Usufruit viager) – This gives a person (the usufructuary) the right to use and benefit from a property during their lifetime. The person is not allowed to sell it outright. After their death, ownership (known as nue-propriété or “bare ownership”) passes to another person, often an heir. This is often used in the case of re-marriage or estate planning.
• Other Specialized Titles – Quebec’s Civil Code also recognizes other limited or mixed forms of ownership, including:
  • Right of Superficies (Droit de superficie) – The right to own a building on land owned by someone else (often seen in commercial or municipal developments). 
  • Usufruct (Usufruit) – The temporary right to use another’s property and receive income from it. 
  • Servitudes – Legal rights to use part of another’s property (e.g. for access or utilities).

What is the deed in real estate?

In Quebec real estate, there are seven main types of deeds. Every major event in the life of a property e.g. sale, mortgage, donation, inheritance, discharge of debt etc. is recorded through one of these deed types and registered in the Registre foncier du Québec (Quebec Land Register).

Each deed represents a historical transaction that affected the property’s ownership or legal status. Together, these deeds form a complete legal history of the property.

In contrast, the title is the official summary record of who currently owns the property and under what conditions. It is a snapshot of who owns the property right now, based on all the deeds that have been registered up to this point.

In Quebec, if ever a title is disputed, the courts look back at the chain of deeds to determine who legally owns the property and under what terms.  For this reason, lawyers say that deeds are used to prove ownership and the conditions of that ownership over a piece of property.

Different types of deed in real estate in Quebec

The seven different types of deeds in Quebec’s Civil Code are:

• Deed of Sale (Acte de vente) – This is the most common type of deed. It officially transfers ownership of a property from the seller to the buyer once signed before a notary and registered in the Land Register. The deed of sale is used in all property sales i.e. residential, commercial or land.
• Deed of Gift (Acte de donation) –This deed transfers ownership of a property as a gift, without financial compensation. It is commonly used between family members. For example, parents giving a property to their children. Because this can have tax and inheritance implications, it must also be notarized and registered.
• Deed of Transfer (Acte de transfert / Cession) – Used when transferring ownership rights from one person to another without a sale, such as between business partners, in a merger, or to correct a previous registration.
• Deed of Mortgage (Acte hypothécaire) – This deed registers a hypothec (the Quebec civil law equivalent of a mortgage) against a property. It grants the lender a legal right to claim the property if the borrower defaults.
• Deed of Discharge or Cancellation (Acte de mainlevée / quittance) – Once a mortgage or hypothec is fully repaid, the notary prepares this deed to cancel the lender’s rights and clear the title. It must also be registered in the Land Register to officially remove the mortgage from the property record.
• Deed of Transmission (Acte de transmission) – This type of deed transfers ownership of a property after the owner’s death to the heir or estate, according to the will or succession rules.
• Deed of Servitude (Acte de servitude) – This deed establishes a legal right of use on someone else’s land for example, a shared driveway, utility line, or right-of-way. Once registered, the servitude becomes binding on future owners of both properties.

Home buyers and sellers will see these deeds used throughout their real estate transaction. It is important to read each of the deeds and understand what it is used for. If you have any questions, a competent realtor or notary should be able to help.

Title vs Deed: What is the difference? (At a glance)

As we have seen, the title is the legal document that proves who owns a property, whereas the deed of sale is a legal document that proves when the sale took place.

Deed requirements and registration

For a deed to be legally valid in Quebec, it must meet specific requirements outlined by the Civil Code of Québec and the Registre foncier du Québec (Land Register). These typically include:

• Proper identification of the parties — The deed must clearly identify the counterparties in the transaction by their full legal names and addresses.
• A precise description of the immovable — The property must be described using its cadastral identification number, address and any servitudes (rights of way, easements, etc.).
• A notarial act — The deed must be drafted and executed by a notary in authentic form (acte notarié en minute). The notary’s signature acts as that of witnesses and confirms the identity, consent and legal capacity of both parties.
• Payment of applicable taxes and fees — This includes the land transfer tax (welcome tax) in the case of the deed of sale, and registry fees required for registration.
• Registration in the Land Register — The deed must be officially registered in the Registre foncier du Québec, which makes the transfer of ownership legally effective and publicly visible. This is typically done by the notary however, it is best to check this yourself immediately after the transaction has been completed.

The role of the notary in deeds

In Quebec, the notary is central to every real estate transaction. Unlike other provinces where deeds can be prepared by a lawyer or even privately, Quebec law requires that all property transfers be executed by a notary in authentic form.

The notary’s role goes far beyond simply witnessing signatures. They are a neutral legal officer appointed by the government whose job is to protect both the buyer and the seller by ensuring the transaction fully complies with the Civil Code of Quebec.

• Drafts and executes authentic deeds. This includes deeds of sale, mortgage, discharge, donation, servitude and transmission.
• Verifies identities, consent and legal capacity of all parties to ensure no fraud, coercion, or incapacity affects the transaction.
• Checks title and property history to confirm clear ownership and detect any mortgages, legal defects or servitudes.
• Coordinates with lenders and municipalities to ensure that all financial obligations (like mortgages, municipal taxes and welcome tax) are correctly handled.
• Manages funds securely through the notary’s trust account, ensuring payment only occurs once all legal conditions are satisfied.
• Registers the deed in the Land Register, which officially updates the property’s title.
• Keeps the original (“minute”) deed in their notarial archives and issues certified copies to the parties for their records.

What to do if you lose your deeds?

If you lose your copy of a deed (for example, your deed of sale, mortgage or discharge), your ownership rights are not lost. This is because in Quebec, all authentic deeds drafted by notaries are permanently stored in two places:

1. The notary’s official archive (minute book): Every notary must keep the original signed deed (“minute”) safely stored in their professional records for at least 100 years.
2. The Registre foncier du Québec (Land Register): A digital record of every deed that affects a property. Once registered, it becomes part of the public record and serves as the official proof of the transaction.

So if you lose your copy, you should do the following:

• First, contact the notary who handled your transaction. The notary will be able to issue a certified true copy from their records. This copy has the same legal value as the original.
• Second, if the notary has retired or died, contract the Chambre des notaires du Quebec. They maintain a directory of successor notaries who hold the old archives.
• Third, you can look up your deed online in the Registre foncier du Québec by entering your property’s cadastral number. From there, you can order an official copy directly.

Conclusion: Working with professionals

In Quebec, both the title and the deed play essential but distinct roles in proving and protecting property ownership. The deed records each legal transaction every sale, mortgage or transfer that shapes a property’s history. In contrast, the title is the official snapshot of who owns it right now.

Keeping your documents organized matters. Always store your notarial deeds (both physical and digital copies) in a safe place and verify that your title is correctly registered in the Registre foncier du Québec. If anything ever goes missing, a notary can retrieve certified copies directly from the Land Register.

If you’re planning to buy or sell property, it’s worth speaking with a licensed Quebec realtor. They can walk you through each document step-by-step, ensure your ownership is properly recorded, introduce you to credible notaries and even help you check for potential welcome-tax refunds or other buyer incentives.

At ImmoVision, we work with fully verified, client-first realtors across Quebec. Speak with a trusted agent today — it is 100% free, and they’ll help you navigate your transaction with confidence.