Whether you’re preparing to sell your own home or searching for your next property, reviewing a property’s title can help buyers and sellers strategically navigate a competitive market and avoid unexpected obstacles in their real estate transactions. The title is the legal record of ownership maintained by Alberta Land Titles, identifying all individuals with ownership interest in the property, as well as any restrictions, claims, or rights that may affect it. If you’ve worked with me in the past, you’ll know that before submitting an offer on any property, I always complete a detailed title check for my clients. This is something I believe should be done on every potential transaction—not after the deal is done, but before an offer is even submitted. Here’s why a title check matters:
- Verify who we’re dealing with
We confirm that the registered owners are the ones selling the property and that there are no unexpected ownership issues. - Confirm the Legal Description
- Confirm what’s owed on the property
Reviewing the financial registrations helps ensure there is sufficient equity in the property to allow for a smooth closing. - Identify anything out of the ordinary
This includes second mortgages, caveats, lis pendens, or other registrations that could cause delays or complications on possession day.
Common Alberta Land Title Terms You Should Know
1. Freehold
Freehold ownership is the most common form of property ownership in Alberta. It means full ownership of both the home and the land it sits on, with no time limit, subject to municipal bylaws and any registered interests on title.
2. Lis Pendens
A lis pendens is a legal notice registered on title, indicating that a lawsuit is pending, which could affect ownership or interests in the property. In Alberta, a property with a lis pendens typically cannot be sold until the issue is resolved.
3. Registrations
Registrations are all items officially recorded on a property’s title through Alberta Land Titles, including ownership transfers, mortgages, caveats, easements, and other legal notices.
4. Encumbrance
An encumbrance is any claim or interest registered against a property that may affect its use or value. Common Alberta examples include mortgages, utility easements, and restrictive covenants.
5. Easement
An easement grants a third party limited rights to use a portion of the property. In Alberta, easements are often registered in favour of municipalities or utility companies for access to underground services.
6. Caveat
A caveat is a formal notice registered on title by a party claiming an interest in the property. Once registered, a caveat can prevent further dealings—such as selling or refinancing—until it is discharged or resolved.
7. Right-of-Way
A right-of-way is a specific type of easement that allows access across a property, commonly for shared driveways, rear lanes, or service access.
8. Restrictive Covenant
Restrictive covenants limit how a property can be used or developed. These may restrict building height, exterior materials, or land use and are common throughout Alberta.
9. Title Insurance
Title insurance is commonly used in Alberta real estate transactions to protect buyers and lenders against losses related to title defects, fraud, survey issues, or unknown encumbrances that may surface after purchase.
10. Certificate of Title
The certificate of title is the official document issued by Alberta Land Titles confirming legal ownership and listing all registered interests affecting the property.
For more information on Land Titles and how they may impact your Real Estate, I'd love to chat Real Estate with you !
