A certificate of title is a document evidencing legal ownership to real estate or real property. In Alberta, a certificate of title is issued by the Alberta Land Titles Office. A certificate of title will assist you in identifying whether there are currently (or even historically) any encumbrances registered against the title to that property. There are different forms of encumbrances. Some are permitted encumbrances that flow with the land from the seller to buyer while some are non-permitted encumbrances and should be removed at or before the time of purchase or sale. Common encumbrances include mortgages, caveats, easements, utility rights of way, builder’s liens, etcetera.
A certificate of title will also identify the legal description of the property or parcel of land, among several other things.
While you likely have a realtor assisting you with this transaction, It is always advisable to contact one of our professional Alberta Real Estate Lawyers who can assist you in understanding the Certificate of Title and the encumbrances that are expected to flow from the seller to the buyer.