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61996.08Lawyers are tasked with the important roles of being effective advocates for their clients and serving the public’s interest. In fulfilling these roles, lawyers face considerable stress. Conflict with another lawyer on the opposing side of a file can add unnecessary stress, thereby negatively impacting the lawyer’s effectiveness and personal health. This paper briefly touches on important rules governing lawyer to lawyer relations in the Code of Conduct and provides clear strategies for creating better lawyer to lawyer relationships. In addition, the author explains trust conditions and undertakings and how to properly utilize and qualify them through laying out clear rules. Furthermore, this paper discusses how to go about reporting breaches of conduct, undertakings, or trust conditions. Sample undertakings that could be used as precedents are provided at the conclusion of the paper. 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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61996.07This 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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61996.06Transactions 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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61996.05The effective use of title insurance by lawyers requires a basic understanding of the coverage, both its benefits and limitations. The use of title insurance in a lawyer’s practice allows for timely closing of real estate transactions, facilitates solutions to issues preventing closing, saves costs, and provides insured homeowners, property owners, and lenders with comprehensive coverage against hidden risks affecting title to real property. This paper provides an overview of the operation of title insurance and of how title claim issues are resolved. It addresses key areas of knowledge that all lawyers who use title insurance in Alberta should possess, including a discussion on the basics of title insurance, what is covered, and various claims examples.In addition, a sample residential policy and sample residential lender policy are included for reference.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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61996.04The 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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61996.03The purchaser of a condominium unit is buying an interest in both the real estate and the condominium corporation. Therefore, a lawyer acting for such a purchaser must be vigilant in reviewing, at a minimum, the condominium corporation documents in addition to the real estate aspects of the purchase and finance. This paper concisely and thoroughly discusses ten key considerations lawyers should be mindful of when they act for purchasers of condominium units, including financial statements and budgets, reserve fund studies, real property reports, estoppel certificates, bylaws, among other things. 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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61996.02Advising clients buying new condominiums in Alberta requires knowledge of current legislative schemes and their practical effects. This paper identifies those key legislative schemes and highlights un-proclaimed amendments. There is particular focus on how changes to the Condominium Property Act, RSA 2000, c C-22 may affect the condominium warranty program. In addition, there are practice points that indicate how changes to the condominium warranty program may affect clients and how to best advise your clients. 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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62003.06This 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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61948.02These materials are in two parts. The first represents precedent clauses for use in an agreement for purchase and sale of unsubdivided lands, designed to respond to the issues that typically arise during the subdivision process. The second part deals with development agreements and stop orders. It comments extensively on Focaccia Holdings and 1681625 Alberta Ltd. v Parkland Beach 2014 ABCA 132 and its implications for developers, lot purchasers, financial institutions and municipalities.This paper is part of a collection presented at LESA’s Commercial Real Estate program in May, 2015.
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61948.01This author discusses the basic environmental law principles that apply in a commercial real estate transaction, referring to the identification, allocation and management of the environmental risks that can arise. He also touches on the financial considerations in a commercial deal involving contaminated land. Attached are some sample environmental contractual provisions.This paper is part of a collection presented at LESA’s Commercial Real Estate program in May, 2015.
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61947.03This paper discusses the Alberta court decisions affecting builders’ liens rendered in the last 5 years. Sectioned according to subject matter, this paper is an excellent tool for new lawyers and also as an important update to the more experienced practitioner in builders’ liens. This paper was presented as part of LESA’s Builders’ Liens program, held in March, 2015.
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61926.06This paper provides a general overview of the procedures inherent in lien registration against each of a basic commercial project, condo project, pipeline or mineral interest. It then offers a more in-depth analysis of issues related to lien registration against an oil sands project, exploring the technical registration issues that can arise. This paper was presented at LESA’s Construction Law program offered in February 2015.
