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62481.01Lawyers who work with farmers, ranchers, or rural landowners in Alberta are likely to encounter surface leases and right-of-entry orders. Clients may also be approached by oil and gas companies seeking to negotiate surface leases for new developments. This paper explores the complexities of surface leases, rights of way, and right-of-entry orders, which are common in rural Alberta. This paper was presented at LESA’s Rural Property Issues: Surface Rights webinar on February 12, 2025.
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62476.01These materials summarize three cases that include comments on the application of condominium bylaws in relation to legal claims, the different obligations that flow to condominium corporations, the type of evidence that is required where unit owners bring claims of improper conduct, and the validity of caveats in the face of limitation periods. This paper was presented at LESA’s Condominium Case Law Update webinar on November 27, 2024.
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62451.01This paper surveys several issues that condominium owners should be aware of (preferably before purchasing) but are often not, and ways that real estate lawyers can assist clients to better understand aspects of the property they own. 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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62451.02This 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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62451.03This paper explores the complexities of surface leases, rights of way, and right-of-entry orders, and also provides practical strategies for negotiating compensation, conducting rental reviews, and recovering unpaid arrears. 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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62451.05These 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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62451.06This paper explores the current legislation; remedies and factors for determining the appropriate remedy; inequal contribution, accounting and adjustments; partition and sale in the face of a co-ownership agreement; and partition and sale in the context of family property. 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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62451.07The purchase and sale agreement is a document that facilitates a diverse range of transactions, from simple home purchases to highly complex commercial property sales. Effectively representing one’s client in real estate deals involves a familiarity with the areas of law that govern the agreements and an awareness of the breadth of due diligence activities required to ensure transactional transparency and representational accuracy. This paper explores key aspects of a purchase and sale agreement, focusing on due diligence, conditions, and representations and warranties. 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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62451.08Disagreements about trust conditions and how they relate to clients’ contracts are common. This paper explores six core principles to assist lawyers. It also includes a summary of cases and Law Society disciplinary decisions to demonstrate the consequences of inappropriately using or ignoring trust conditions. 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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62390.04Lawyers and legal support staff form an essential partnership in facilitating successful commercial real estate transactions. This paper discusses the role of a lawyer in commercial real estate transactions and explores the collaboration between lawyers and legal support staff in this endeavour. This paper is part of a collection presented at LESA’s Commercial Real Estate for Legal Support Staff program in Edmonton on March 13, 2024.
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62393.01As the common closing method in residential real estate transactions in Alberta, it is imperative that lawyers (acting for buyers and/or sellers) have a solid understanding of the Western Torrens Conveyancing Protocol (the “Protocol”). This paper provides information regarding the Protocol to set the stage for newer practitioners dealing with their first real estate transactions. This paper was presented at LESA’s Practice Foundations: Western Conveyancing Protocol webinar on February 23, 2024.
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Navigating the daily challenges of a real estate conveyancing practice can seem overwhelming at times. This paper explores common red flags and issues in residential real estate conveyancing and suggests tools and systems to address them. This paper is part of a collection presented at LESA’s Real Estate Conference in Kananaskis on October 20 & 21, 2023.
