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  • 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.
  • The 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.
  • In Alberta, a builders’ lien exists because of the Builders’ Lien Act, RSA 2000, c B-7, and it is governed entirely by the Act’s provisions, which can be strict and demanding. Most discussions of builders’ liens focus on the rights and remedies of the lienholder. This paper provides a different perspective by focusing on the party whose interest in land may be encumbered by a builder’s lien – the owner. The author addresses multiple issues that may arise from builders’ liens and affect owners of commercial properties. Among the array of issues discussed are: removing liens, trusts, payments and holdbacks, and certificates of substantial performance. This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate from April 24 - 26, 2016.
  • Real 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.
  • $65.00
    This paper focuses on two key discussions relating to managing real estate transactions in Canada:
    1. 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.
    2. 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 opp