Lawyers

When your purchase offer has been accepted your lawyer's work starts!
 
  • A title search is done at the Land Titles Office to obtain a copy of the title and review all the registrations against it.
  • A search at Personal Property Registry is performed to ensure that any free-standing items that you may be purchasing (appliances, furniture, etc) are clear and ensures that there are no outstanding judgments or other court orders against any parties that may interfere in the closing procedure
  • The tax roll is searched to make sure the taxes are paid and there are no special assessments

Your title may be subject to numerous registrations.  Utility right-of-ways and restrictive covenants among others commonly remain registered against the property after you purchase.  These do not affect your title and may even enhance the property.  A restrictive covenant that prevents your neighbors and yourself from operating a business from home or from painting the outside walls outrageous colors will enhance the value of your home and will ensure that your neighbourhood remains a quiet place to live.  Your lawyer will explain these registrations.

 
Other registrations against the title such as builder's liens, caveats and mortgages must be removed to ensure you obtain a good title.  Your lawyer wil ensure that thesee obstacles are addressed and will do any necessary follow up work after the closing date to ensure they are removed from the title.
 
Through the use of trust conditions and trust accounts, lawyers provide a solution to the timing problem of closings.  Your lawyer will ask for your share of the purchase money several days in advance of the closing date.  Once the money is in your lawyers trust account, the seller's lawyer will allow your lawyer to send the signed transfers of land to the Land Titles office.  Once registration is complete, the money is released to the seller's lawyer and then to the seller.
 
Your lawyer must have your money several days in advance of closing so if you are selling property and buying property with closings on the same day, you will need to arrange for interim financing.
 
After closing your lawyer will make sure that any outstanding  encumbrances are removed from your new title and any other unfinished matters such as the registration of an encroachment agreement or the fulfillment of outstanding conditions.
 
Finally, your lawyer will provide you with a complete written report with copies of all relevant documents to show that you have good title to the property.
 
Throughout the entire purchasing procedure, from your accepted offer to after the completion of closing, your lawyer will provide you with his or her valuable services which will ensure you obtain a good title to your new property and will give you much needed peace of mind!
 
(information courtesy of the Alberta Land Surveyors Association website at www.alsa.ab.ca)

Highly recommended local lawyers

Ritchter & Company
Mary Ritchter
310 - 5687 Yew St.
Vancouver BC
Tel: 604-264-1110

Carolynne Maguire
Notary Public
Tel: 604-266-8970

Munro & Crawford Law Firm
Peter Crawford
Rod MacKinnon
5670 Yew St.
Vancouver BC
Tel: 604-266-7174

Patricia Wright
NotaryPublic
Tel: 604-682-8988

Kerr Redekop Leinhurd & Boswell
410 - 1333 West Broadway
Vancouver, BC V6H 4C1
Tel: 604-734-4554