Edmonton Real Estate Law

Frequently Asked Questions

What does a real estate lawyer do?

A real estate lawyer provides comprehensive legal services for property matters, including:

• Reviewing and drafting purchase agreements to ensure your interests are protected
• Conducting thorough title searches to identify any issues with property ownership
• Handling property transfers and ensuring proper registration of documents
• Resolving property disputes through negotiation, mediation, or court proceedings
• Providing legal advice on property rights, obligations, and potential risks
• Managing closing processes and ensuring all legal requirements are met
• Representing clients in real estate litigation when necessary

How much does a real estate lawyer cost?

Costs vary based on several factors:

• Type of transaction (residential vs. commercial, simple vs. complex)
• Complexity of the matter (standard purchase vs. development project)
• Lawyer’s experience and reputation in the field
• Location and value of the property involved
• Additional services needed (surveys, environmental assessments, etc.)
• Time required to complete the transaction
• Court fees and other disbursements if litigation is involved

What is title insurance?

Title insurance is a specialized insurance policy that:

• Protects against unknown title defects that existed before purchase
• Covers legal costs to defend against title claims
• Provides financial protection against losses from title issues
• Covers specific risks like fraud, forgery, and survey errors
• Is typically required by mortgage lenders
• Offers peace of mind for property owners
• Can be purchased for a one-time premium

What is a title search?

A title search is a comprehensive examination of property records that:

• Traces the property’s ownership history through the Land Titles Office
• Identifies current legal owners and their interests
• Reveals any encumbrances or liens on the property
• Checks for outstanding mortgages or other financial claims
• Verifies the legal description and boundaries
• Identifies any restrictions or covenants affecting the property
• Is essential for ensuring clear title before purchase

What is a property survey?

A property survey is a detailed measurement and mapping of a property that:

• Shows exact property boundaries and dimensions
• Identifies the location of all structures and improvements
• Reveals existing easements and rights of way
• Shows any encroachments from neighboring properties
• Is often required for property transactions
• Provides the basis for resolving boundary disputes
• Contains essential information for property development

What are closing costs?

Closing costs are the various fees and expenses associated with finalizing a property transaction, including:

• Legal fees for handling the transaction
• Land transfer tax based on property value
• Title insurance premiums
• Registration fees for documents
• Property tax adjustments
• Utility bill adjustments
• Mortgage discharge fees (if applicable)
• Home insurance premiums
• Moving and possession costs

What is a mortgage discharge?

A mortgage discharge is the process of:

• Removing a mortgage from the property title
• Required when a mortgage is fully paid
• Must be registered with the Land Titles Office
• Involves legal documentation and fees
• May require a discharge statement
• Confirms the property is free of the mortgage
• Is essential for clear title
• Required for property sale or refinancing

What is a property lien?

A property lien is a legal claim against a property that:

• Provides security for a debt or obligation
• Can be registered on the property title
• Must be cleared before property sale
• May affect property value
• Can be placed by contractors, government, or creditors
• Requires legal action to remove
• Affects the owner’s ability to sell or refinance
• Must be disclosed during property transactions

What is a condominium corporation?

A condominium corporation is a legal entity that:

• Manages and maintains common property areas
• Enforces condominium bylaws and rules
• Collects monthly condo fees from owners
• Maintains the building and grounds
• Makes decisions affecting all owners
• Holds annual general meetings
• Prepares financial statements
• Manages reserve funds for major repairs

What are real estate disclosures?

Disclosures are required information that must be provided to potential buyers, including:

• Property condition and known defects
• Environmental issues or hazards
• Legal matters affecting the property
• Financial information about the property
• History of repairs and renovations
• Insurance claims or damage history
• Zoning and land use restrictions
• Any ongoing disputes or litigation

Additional Resources

Online Tools and Information

• Alberta Land Titles Search
• Real Estate Consumer Information
• Edmonton Real Estate Information

Support Services

• Centre for Public Legal Education Alberta
• Alberta Real Estate Consumer Protection
• Edmonton Real Estate Buying Guide