- Verify who we’re dealing with - 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 restrictive covenants, HOA Inclusions, second mortgages, caveats, lis pendens, or other registrations that could cause delays or complications on possession day.
Common Alberta Land Title Terms :
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. Home Owners Association
An HOA is an organization that manages and maintains a residential community—such as a condominium, townhouse complex, or planned neighborhood. When you own a property in an HOA-governed community, you automatically become a member and must follow its rules.
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 !