Let me
tell you about a rather
trivial incident: to make
access to the road that
leads to my farm in La Malbaie
a little easier, my neighbour
and I came to an agreement
where he would give me a
small section of his land
in exchange for an equivalent
section of my own. No problem,
he declared with a slightly
crooked smile, as long as
you pay all the costs.
Of course, you would be
doing me such a big favour,
I responded.
First barrier: the Commission
de protection du territoire
agricole. Since this whole
thing has to do with an
agricultural zone, we need
permission. No one is free
to do as they please in
our very civilized and bureaucratic
society. A file needs to
be created and obviously,
there are costs involved.
There goes the first of
many payouts: $242.
The person looking after
my file with the Commission
– a good person –
immediately tells me that
it is incomplete. I need
a land surveyor’s
plan that shows which area
of my farm is involved.
While I’m there, I
take the opportunity to
request the installation
of a machine shed. As immense
as Charlevoix may be, the
municipality doesn’t
allow you to build what
you want, where and when
you want it! I found the
first land surveyor in the
Yellow pages, and $1,600
later the job will be complete.
At this price I have the
distinct feeling that I’m
being taken advantage of.
But what the heck! You do
what you gotta do!
Enter the notary responsible
for processing the “transaction”.
A good and proper notary
with an office on rue Saint-Denis
in Montréal: not
too expensive, competent,
but sadly lacking an understanding
of the subtleties involved
in farmland dealings.
He calls to tell me that
he doesn’t have a
written transcript of the
agreement.
What transcript?
He needs a written transcript
of the verbal land agreement;
the surveyor’s plan
is not enough. Well, the
land has something of a
slope and – well it’s
a little more complicated
than that – there
are possible drifts in terms
of dimensions.
This time I ask the only
two land surveyors I can
find in the Yellow pages
for a quote. A useless process
since both submit the same
dollar amount! I suppose
there’s some level
of professional courtesy
involved here. Well, there
goes another $700.
A few weeks later, the notary
calls me back. He just found
out that my neighbour has
a mortgage on his land.
So what?
His bank needs to provide
a withdrawal because the
guarantee has been modified.
This is not a good thing,
but it’s too late
to turn back. This has been
"in the works"
for the past 12 months.
How much? Another $150.
But that’s not all,
I sense a certain hesitation
in the notary’s tone.
I don’t know why but
I expect the worse.
Now what? Is the file complete?
No. There are still two
missing elements. Another
survey certificate is needed
for my neighbour’s
land since its dimensions
have been changed. Really?
I call the first land surveyor
and say goodbye to $1,100.
What’s more, a dollar
value needs to be placed
on the transaction - for
tax purposes, GST and PST,
states the notary. You should
contact your accountant,
since there could be considerable
fiscal implications. It’s
not all bad: there’s
no need for an environmental
impact study!
I am suddenly struck with
concern for all these farmers
who, in order to do their
job, must deal with all
of these bureaucratic barbarians
when it’s time to
renew a loan, to buy some
land or to divide family
property.
Now back to my story. The
notary finally sends the
complete file. His invoice
is very professional looking
and includes every little
detail: writing of legal
documents, telephone calls,
forwarding the file to a
colleague in La Malbaie
to obtain proper signatures,
legal registration of documents.
The list is extensive, kind
of like a medical report.
Which reminds me that I
need to go for my annual
physical: I can already
feel my cholesterol and
blood pressure mounting
– another $1500 bites
the dust.
At long last I understand
what they’re trying
to say in those commercials:
Some things can’t
be bought, for all the others
there’s Mastercard.