Public zoning permission does not settle every property restriction. Before investing in design or construction, check the title and the private or contractual documents that apply to the parcel. A municipal map will not normally show every easement, covenant, association rule, lender condition, or insurance requirement.
Gather the documents tied to the property
Start with the current land-title or registry record, parcel plan, and the instruments it references. Depending on the location, these may identify ownership, easements, rights of way, covenants, mortgages, caveats, liens, leases, or other registered interests. Match the documents to the correct legal parcel and check their dates; a prior owner’s summary or an old listing is not a substitute for the current record.
Then request documents held outside the public registry where relevant: HOA or condominium/strata declarations, rules and amendments; lender or mortgage terms; construction-loan conditions; access or shared-service agreements; and the insurer’s requirements. The documents can address different matters, including construction access, shared utilities, use, rental, subdivision, separate sale, or required consent. Do not assume that every association or lender has the same powers or restrictions.
Read the instrument, not just a search result
A title index or map can point to an instrument without explaining its legal effect. Obtain the instrument and plans, confirm that it burdens or benefits the property in question, and ask a qualified title professional or lawyer to interpret material language. If an easement or parcel line affects the proposed ADU footprint or access, a land surveyor may also need to confirm its location.
The record route varies by jurisdiction. Ontario’s land registry makes property records, plans, and instruments available through OnLand. Alberta’s title record can show the legal land description and registered interests, including mortgages, caveats, and liens. In British Columbia, LTSA offers title searches and related documents; provincial ADU guidance warns that registered restrictions can matter even where zoning allows a suite. These examples show what to investigate, not a universal document list or legal outcome.
In England and Wales, HM Land Registry says a title register can give details of restrictive covenants and easements or identify filed documents, while a title plan usually shows general rather than exact boundaries. It may be necessary to obtain the filed instrument and get professional help interpreting it; do not scale a title plan to place an ADU or settle a boundary dispute. Scotland and Northern Ireland have separate registration systems.
Keep private checks separate from public approvals
A covenant or lender condition is not the same as a zoning by-law, and an HOA decision does not replace a building permit. Work through both tracks: ask the public authority about planning, building, fire, environmental, and servicing requirements; ask the document holder or professional about private and contractual terms. A public permit does not necessarily waive a private restriction, and private consent does not make a project lawful under public rules.
If the property documents are missing, inconsistent, or unclear, mark the issue unresolved and identify who must supply or interpret them. This checklist is not legal, title, lending, or insurance advice and cannot determine whether an individual restriction is enforceable or whether a particular ADU can proceed.