This paper provides a discussion of current issues in closing residential real estate transactions from a practitioner’s point of view. Issues addressed include compliance with the Dower Act, use of Western Torrens Protocol, and why and when a buyer may want to obtain Title Insurance. In addition, suggestions for avoiding or resolving closing-related problems are provided. Included with the paper is a sample dower release, a sample order dispensing with dower in a divorce, a sample affidavit dispensing with dower for an incapacitated spouse, and a sample affidavit dispensing with dower when divorce is not final.
This paper is part of a collection presented at LESA’s 6th Annual Law & Practice Update program in Calgary on October 14 & 15, 2016.