Areas of Law
Areas of Law
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  • 61996.07
    This paper is divided into two separate topics: adverse possession and specific performance. The author addresses both topics by providing an in-depth analysis of the theoretical basis, evolution of the law, and possibilities for law reform with respect to each topic. The paper demonstrates the application of the law relating to adverse possession by referring to cases and discussing topics such as adverse possession as against co-owners and with respect to Federal Crown land, Provincial Crown land, private land, Indian reserve land, and navigable bodies of water. The author refers to case law involving specific performance as well, and discusses the following topics as they relate to specific performance: dower rights, right of first refusal, school zones, cookie-cutter housing, low budget renovations, and adjacent land. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate program from April 24 - 26, 2016.
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  • 61812.00
    This 3-part paper was drawn from materials presented at our Real Estate for Legal Support Staff program in October 2011. It is a great addition to any conveyancing library. Part 1 of this paper covers the basic commercial real estate transaction from start to finish, including tips for permit applications and dealing with municipal compliance. Part 2 of this paper focuses on development permit and compliance issues in residential real estate transactions. Part 3 looks at closing issues in real estate transactions—what can you do when things go wrong? Learn common seller’s problems, common buyer’s problems, and strategies for dealing with both.  
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  • 62074.02
    This paper highlights recent Alberta case law relevant to real estate lawyers. It summarizes the issues and facts involved in each case, and provides an analysis of the court’s decision to help lawyers inform their conveyancing practices. This paper is part of a collection presented at LESA’s Real Property Law Essentials program in Edmonton on February 21, 2018 and in Calgary on February 27, 2018.  
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  • 62003.06
    This paper is a summary of common issues and considerations in real estate transactions. First, common client issues that arise prior to closing are discussed, including real property reports and tax adjustments. Second, the closing methods available for real estate transactions in Alberta are detailed, including the traditional method, title insurance, and the Western Torrens Conveyancing Protocol. As well, issues related to the sale of agricultural land are reviewed, including registration and GST issues. Finally, common questions asked by real estate agents and brokers are discussed. This paper is part of a collection presented at LESA's Complete Lawyer program in Lethbridge on May 6, 2016.
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  • OC-62064
    Price range: $325.00 through $1,495.00
    Develop a solid foundation in real estate law and conveyancing. Review standard documents, processes, and timelines. Examine key legislation, typical contract terms, land titles procedures, and common issues. This on-demand program was originally presented as an in-person program in April 2018. Total running time is 2 hours, 23 minutes.
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  • 61996.06
    Transactions related to agricultural land, recreational land, acreages, and municipal lots in smaller centres may present interesting legal questions. This paper discusses some of the peculiarities of rural real estate law and focuses on the practical side of encumbrances and land issues that may be unusual. Among the various encumbrances and issues discussed are surface leases, gross royalty trust agreements, water well agreements, farm leases, title insurance, and foreign ownership of land, among others. Appended to this paper are two legal form precedents: an assignment and transfer of compensation for surface lease agreements and a water well agreement. Also included is a report from the Committee on the Issues of Air Conditioning Units and Window Wells on Real Property Reports for Real Properties in the City of Calgary. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate program from April 24 - 26, 2016.  
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  • 62499.01
    When residential real estate deals go wrong due to hidden or obvious defects, the legal and financial stakes can be high. This paper explores the tools to mitigate risk and effectively advocate for clients when defects lead to disputes, with topics including disclosure obligations, legal remedies for undisclosed defects, and latent defects versus patent defects, while referencing four cases to review some authority from Alberta. These materials were presented at LESA’s Cassandra Sutter, JSS Barristers webinar on June 11, 2025.
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  • 62451.02
    This paper canvasses 20 topics that may be of benefit to real estate lawyers, including foreign ownership of land, consolidation of titles, separation of titles, resulting interest transfers, fiats, consent of spouse when executing under a power of attorney, co-tenancy and dower, Surrogate Digital System, and more. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.
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  • 62451.05
    These materials summarize seventeen cases all dealing with unique real estate issues. Topics canvassed include conflicts between municipal bylaws and restrictive covenants; obligations for environmental remediation; discharging of restrictive covenants; attempting to challenge municipal bylaws that restrict land use; postponing a vendor’s lien caveat in favour of a mortgage; breach of contract; contract interpretation; caveat missing from Land Titles Office; compensation for adverse effects caused by power transmission lines; interpretation of “time is of the essence” clause”; representations and misrepresentations; condominium bylaws, nuisance, and oppression by a condo corporation; unjust enrichment; and more. This paper is part of a collection presented at LESA’s Real Estate Conference program in Kananaskis on October 18 – 19, 2024.
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  • 61836.05
    This paper discusses the importance of Real Property Reports and Compliance Certificates. It then reviews some of the root causes of issues faced by lawyers when dealing with RPR’s, including signing the AREA Purchase Contract without a current RPR and Compliance, variable municipal requirements, and shortages in surveyor availability. The author proposes Title Insurance as a solution in some circumstances and makes some practical suggestions for dealing with common RPR and compliance issues. This paper was presented at the 45th Annual Refresher Course - Real Estate on May 6-8, 2012.
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  • 61996.04
    The purchaser in a condominium transaction often has many technical questions about condominium law. For lawyers who do not regularly work with condominium transactions, this paper provides answers to common issues for clients, including such questions as: Can my condo fees be changed? Can I be evicted as an owner? Can I rent my condominium? Can the corporation recover against me for the insurance deductible in a water loss? Can I smoke in my unit even if the bylaws prohibit it?  In addressing common questions, this paper also examines current, relevant case law for condominium transactions. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate program from April 24 - 26, 2016.
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  • 62147.04
    This paper introduces various dispute resolution mechanisms available under Alberta Rules of Court Rule 4.16(1)(a) and focuses on mediations, both facilitative (interest-based) and evaluative. It discusses 6 factors to consider in determining which process to choose and offers 7 suggestions for behaviours and approaches to most effectively optimize prospects of reaching a satisfactory settlement. This paper is part of a collection presented at LESA’s Alternative Dispute Resolution program in Calgary on February 19, 2020 and in Edmonton on February 25, 2020.  
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