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62044.01This paper provides practitioners with a step by step guide through the foreclosure process. Steps discussed include sending a demand letter, commencing an action, gathering evidence, and bringing an application. The procedure after property has been listed for sale, assessment of costs, and writs of enforcement are also discussed. The paper includes a foreclosure fee and disbursement guideline and a bill of costs form. This paper is part of a collection presented at LESA’s Foreclosure Fundamentals seminar in Edmonton on May 18, 2017 and in Calgary on May 23, 2017.
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62045.03This paper discusses compensation for rights-of-entry orders from the Surface Rights Board. It considers two recent and novel decisions relating to compensation for rights-of-entry from the Surface Rights Board, and explores how compensation for adverse effect and loss of use may be used to encourage better cleaning practices by operators. The paper also discusses injurious affection, in the context of recent case law, which makes it clear that it is the transmission line’s impact on the remaining land, and not on the financial position of the landowner, that is relevant. This paper is part of a collection presented at LESA’s Rural Property Issues for Alberta Lawyers program in Red Deer on June 2, 2017.
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62032.01This is a collection of two related papers: Order of Documents on a Purchase File and Order of Documents on a Sale File. Both papers identify and provide a description of documents typically involved in a real estate purchase or sale from start to finish, and include suggestions for explaining each document to the client. This paper is part of a collection presented at LESA’s Real Estate Essentials program held in Edmonton on March 10, 2017 and in Calgary on March 17, 2017.
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62032.02This paper serves as a reference for when, why, and how to use the Western Torrens Conveyancing Protocol (the “Protocol”). After providing some background information on the Protocol, it outlines situations when the Protocol can be used in a real estate transaction. This paper also provides a brief overview of how to close a transaction using the Protocol, and what to do if something goes wrong. It also provides some additional pointers on various aspects of a real estate transaction closing under the Protocol, including converting to a Protocol closing after submission for registration, closing date release issues, and a comparison of the Protocol vs. title insurance. This paper also includes a sample trust letter that includes trust conditions for closing using the Protocol. This paper is part of a collection presented at LESA’s Real Estate Essentials program held in Edmonton on March 10, 2017 and in Calgary on March 17, 2017.
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62032.05This paper reviews the basics of mortgages for real estate transactions. It includes a discussion of common mortgage terms. It also provides an overview of the mortgage process when acting for the lender or when acting for the buyer, including receiving mortgage instructions, preparing documents, and requesting funds. Other considerations for dealing with mortgages, such as conflicts and fraud, are also discussed. This paper is part of a collection presented at LESA’s Real Estate Essentials program held in Edmonton on March 10, 2017 and in Calgary on March 17, 2017.
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62014.06This 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.
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61996.16The purpose of the Foreign Ownership of Land Regulation, Alta Reg 160/1979, is to observe and control the amount of agricultural and recreational farm land acquired by non-Canadians. The Foreign Ownership of Land Regulation has only been discussed in passing in a handful of cases. As such, it can be difficult to navigate in practice. This paper provides an overview of the Foreign Ownership of Land Regulation and how it relates to the practical application of real estate transactions in Alberta. The author discusses a variety of issues, including controlled lands and persons affected, corporate entities and disclosure requirements, the process for reporting acquisitions and dispositions, penalties, exemptions, and foreign land ownership restrictions in other provinces. Furthermore, the author provides practice tips throughout the paper. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate from April 24 - 26, 2016.
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61996.14In Canada, the term “expropriation” refers to the right to take real property and the reciprocal right of the owner to be compensated for the loss. The jurisdiction to take land in Alberta is found in a number of enabling statutes. This paper focuses on the process of expropriation employed by municipalities in exercising powers under the Expropriation Act, RSA 2000, c E-13. The author also discusses principles which govern compensation from a practical perspective and touches on the appeals process. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate from April 24 - 26, 2016.
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61996.13Real estate transactions involving farm land can give rise to unique tax considerations and planning opportunities. In this paper, the author provides an in-depth discussion of some of these considerations and opportunities within the context of: (a) using the capital gains exemption in farm land transactions; (b) using intergenerational rollover provisions in farm land transactions (c) issues and opportunities relating to principal residencies on the home quarter; and (d) change in use from farm land to development land inventory. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate from April 24 - 26, 2016.
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61996.12This paper focuses on two key discussions relating to managing real estate transactions in Canada:
- Sale of Canadian real property by a non-resident vendor creates a potential tax obligation to Canada. In this first part, the author discusses non-resident vendors and the reporting requirements.
- Generally, all supplies of real property in Canada are taxable. The second part of this paper provides an overview of basic principles of GST and real estate transactions and discusses some intricacies associated with different types of property.
In addition, the author discusses special tax deferral opportunities on the disposition of real estate.This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate from April 24 - 26, 2016. -
61996.10There is often a disconnect between real estate lawyers and their clients. It seems that, although lawyers generally do good work for their clients, clients often do not know what their lawyers are actually doing or may expect something else. This paper offers tips and advice as to how real estate lawyers can approach their work and adapt their practice to ensure lawyer/client expectations are better aligned. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate from April 24 - 26, 2016.
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61996.09Mortgage financing is inextricable from real estate practice and matters that come within the purview of a real estate lawyer’s role in working with lenders evolve with the times. With new issues and an increase in varied lenders entering the Alberta marketplace, greater efforts must be taken to avoid potential problems. This paper presents a thorough analysis of potential issues that may arise in financed real estate transactions. The author discusses solutions and suggests implementation of specific procedural safeguards to avoid such issues. In particular, topics discussed include receiving and reviewing mortgage instructions, communication with the lender, dealing with difficult or impossible instructions, executing mortgage documents, and being conscious of mortgage fraud, among others. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate from April 24 - 26, 2016.
