Title Transfers & Insurance
Transferring Title With Lawyers in Calgary
Title transfers involve the transfer of land ownership from one person to another. The lawyers at Kahane Law Office in Calgary, Alberta make the process simple and easy for you. There are several important aspects that you need to know if you are thinking of changing title to your property through a title transfer.
Title transfer lawyers help you with Alberta land changes in ownership. Alberta has one of the best land title ownership systems in the world. All land title ownership is registered at the Alberta Land Title Office run by Service Alberta.
Types of Title / Ownership You Can Change in Alberta
Land title can be transferred for differing types of properties and properties held in a variety of ways. Firstly, land title transfers of properties held in the following ways can have ownership changed:
- Freehold ownership: This is where you own the property outright, only subject to the interest of the Crown.
- Leasehold ownership: This is where you only have ownership that last as long as your lease on the land. Leases of over three years can be registered.
- Life estate ownership: You own property for the duration of your life. On your passing the title will revert to the freehold owner.
The Type of land that is owner by people in Alberta, all of which can have title transferred, includes the following:
- Fee simple ownership
- Condominiums (called a strata in other places)
- Bareland Condominiums
- Crown Land (Land held by the province or federal government
Changing Land Ownership if you have a Mortgage
If you have a mortgage, there is an important first step prior to a title transfer. You lawyer should remind you of the “due on sale” clause in your mortgage. This means that a lender can call in the mortgage loan if they do not approve of a transfer of title. Your first step should be to get approval from your lender prior to a title transfer. With that approval in hand, contact your title transfer lawyer to start the change in land ownership. Our law firm can transfer title for you without the approval but we will have you acknowledge that we reminded of you this term. We are not obligated to report the title transfer to the lender.
The Title Transfer Process Lawyers Follow
Transfer title lawyers will, when asked to transfer land, submit a request for a current copy of title. This will allow us to ensure the right person is transferring title. To do this we need the legal description of your property. If you do not know your legal description, we can find it for you. We will then draft a transfer of land document and then book and appointment for you to come in a sign the transfer document. One of the transferees, a person who is getting title in their name, will swear an Affidavit of Value. All land title transfers in Alberta require this affidavit. Please note that the witness will also have to swear an affidavit of execution. Our lawyers will prepare all these documents and affidavits fro you. Once signed, we will submit the Transfer of Land to the Land Titles Office for registration.
Ways of Holding and Transferring Title
Title can be held as either joint tenants or tenants in common. Click on the links to learn more about each type of ownership. Land title ownership can be changed for both type of tenants. It is also possible to change ownership of just one of the tenants in common without other tenants in common approving the change. One joint tenant requires the other joint tenant to make any change.
How Long Does a Transferring Title Take?
A land title transfer does not have to take a long time. Our land title transfer law firm can usually have documents prepared and ready to be signed in a day or two. We can often accommodate same day signings.The actual registration process of the land title transfer can take a day or two or a few weeks depending on the Land Title Office. Usually the transfer of land process takes 3-7 days but we can let you know how long Alberta Land Titles is taking when you come in. We are able to search the wait time but there is no way to speed up the time they take. It is a first in line, first to have title registered process.
What is the Cost of Changing Title
At Kahane Law Office, we believe in making the law easy to understand. This includes being clear and transparent with respect to legal fees. Please use this link for our flat rate fees for land transfers. If you are a surviving joint tenant, the process for transferring the right of survivorship to the surviving joint tenant is quick and easy. We can help. We are also able to help if you are moving or other wise need a change of registered address at land titles.
Land Title Transfer Lawyers in Calgary
The Lawyers at Kahane Law Office can help with your land title related legal needs. CONNECT NOW. We can be reached toll-free at 1-877-225-8817 (or 403-225-8810 locally in Calgary, Alberta), or email us directly here.