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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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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.
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61954.08This short paper offers succinct descriptions of the traps that can arise for lawyers dealing with joint property and other issues in each of the areas of family law, real estate and wills and estates.This paper is part of a collection presented at LESA’s Law and Practice Update program in November, 2014.
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61915.04bComplementing Dick Haldane’s paper (61915.04), this author focuses on the experience of the “non-municipal side” relating to development charges, or levies, arising out of Municipal Development Plans, Area Redevelopment Plans, Area Structure Plans, Concept Plans and Development Permits. Specifically, the author looks at some of the industry issues from the perspective of the Calgary system and certain of its bylaws. This paper was presented at the Land Development program in February 2014.
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61915.04aIn this paper, the author takes a look at the issues he considers are of interest and concern to the development industry, including those surrounding land and roadway dedications, subdivision appeals, development agreements (looking at some of the judicial pronouncement concerning them), oversizing, development agreement caveats, and offsite levies. This paper was presented at the Land Development program in February 2014.
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61915.02The development agreements contemplated under the Municipal Government Act are among the most important tools available to assist municipalities in Alberta with carrying out goals, objectives and responsibilities. This paper discusses the basics of development agreements, the nature of the contractual obligations of municipality and developer typically set out in those agreements, and their usual essential terms and conditions. The relevant sections of the Act are cited. This paper was presented at the Land Development program in February 2014.
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61915.01This paper provides an overview of some of the more common legislative provisions and issues surrounding planning law. It discusses the issue of where to start when looking for requirements, procedures and rights of appeal related to approval and enforcement. This paper was presented at the Land Development program in February 2014.
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61913.00This collection of papers by a real estate lawyer outlines: • The basic requirements of an Alberta residential real estate transaction when acting for a seller. • Basic information on the Western Law Societies Conveyancing Protocol for Alberta including topics like when the Protocol is used, commercial property, closing a transaction, dealing with rejections, and making claims under the Protocol. • Fundamental on condominium transactions including a discussion of bare land condos, condominium fees and special levies, typical searches, and the requirement on a seller to produce condominium documents. • Issues surrounding the obligation on a seller to provide a real property report, closing without one, and compliance issues including encroachments. • Common problems for example dower requirements, non-resident vendors, liens, caveats and writs and how to deal with them. Precedents and other valuable information attached. These papers were presented at the Residential Real Estate for Legal Support Staff program in January-February 2014.
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61883.10This paper reviews some of the primary reasons for rejection of documents at the Land Titles office, providing concrete examples as visual aids. The author examines topics like basic rejection, Document Registration Request form rejection, transfer of land rejection, Dower Act rejection, Foreign Ownership rejection, mortgage rejection, fiat rejection, order (Certificate of No Appeal) rejection, and postponement rejection. This paper was presented at the Law and Practice program in November 2013.
