Q |
What are the fees for registering my documents? |
A |
The fees vary depending on the document type and how many titles are
affected. For fee information, see the
Land
Title Fees (pdf) section. |
Q |
What type of payment is accepted at Land Titles? |
A |
Land Titles fees may be paid by cash, MasterCard,
Visa, Interac or cheques made out to the Alberta Minister of Finance.
For customers who use Land Titles services regularly,
they may wish to apply for a Land Titles charge account by calling
780-422-7812 or 780-422-4813 in Edmonton or 403-297-6534 in Calgary. |
Q |
Can I prepare my own documents for registration? |
A |
Yes. If your documents are properly executed, and
meet the statutory Requirements, then Land Titles will accept them for
registration. The staff will try to answer your questions about these
documents, but they cannot fill them out for you and they cannot offer
any legal advice. The staff will commission Land Titles documents
provided you have picture identification issued by a government agency.
Staff cannot act as a witness.
Although many of the documents appear to be simple to
complete, their registration can, and often does, carry very different
legal implications and obligations to all parties to the document.
Therefore, if you are unfamiliar with land law and real estate
transactions, it may be in your best interest to seek professional
advice and assistance when dealing with real property. |
Q |
I have paid my mortgage off, how do I remove it from my title? |
A |
Generally a discharge document will be sent to you from
the lending institution. Forward the original discharge document along
with the prescribed
Land
Title Fees (pdf) to the Land
Titles Office for registration. |
Q |
What are the different types of land ownership? |
A |
There are three common types of land ownership.There are three common types of land ownership.
- Sole Ownership - either a person or a registered company is the sole
owner of the land.
- Tenancy-in-Common - in this type of ownership there are two or more
owners called tenants-in-common. When a tenant-in-common dies, that person's
share in the land goes to his or her estate, not automatically to the other
co-owner(s).
- Joint Tenancy - this type of ownership also involves two or more
owners but each owner has the right of survivorship. When one owner dies, that
person's interest automatically passes to the other owner(s).
If you wish to become a joint tenant you must specify this on
the transfer document, otherwise, you will automatically become a
tenant-in-common. |
Q |
One of the registered owners has died, how can their name be removed
from the title? |
A |
- If it is a Joint Tenancy ownership, a statutory declaration may be
completed by the surviving joint tenant or some other party who is able to
declare the necessary facts. The declaration must be accompanied by an
original death certificate issued by the Vital Statistics Registry, Medical
Examiner's certificate, funeral director's certificate, cremation
certificate or by a comparable authority if the death occurred outside
Alberta. The original death certificate will be returned to you.
- If it is a Tenants-in-Common ownership or Sole Ownership an Application
for Transmission on Death form may be completed. An original or court
certified copy of the Grant of Probate or Letters of Administration under
seal of the Court of Queen’s Bench must be attached to the application.
A notarized copy or photocopy is unacceptable. If it is issued from a court
in a jurisdiction other than Alberta, it must be re-sealed by the
Court of Queen’s Bench.
In either situation, the appropriate documents must be
submitted for registration to Land Titles along with the associated
Land Titles
Fees (pdf). |
Q |
How do I add my spouse's name to my title? |
A |
A Transfer
of Land form must be completed and submitted for registration to Land
Titles along with the associated
Land Titles Fees (pdf). |
Q |
Do I require my spouse's consent in order to dispose of an interest
in my property? |
A |
Yes. The Alberta Dower Act gives both spouses the right to
prevent a disposition of their homestead, regardless of whose name appears on
the title. A homestead is defined as a parcel of land on which you live and can
consist of up to four adjoining lots in a city, town, or village or not more
than one quarter section elsewhere.
If you are married and wish to dispose of an interest, you
must first obtain your spouse's consent or obtain an order of the Court of
Queen's Bench of Alberta which allows you to dispose of your interest in land
without your spouse's consent. |
Q |
What is the
difference between a copy of title and a Certified Copy of title ? |
A |
A copy of title, also known as a title search, shows who the
registered owner is, the legal description of the land, and any instruments
registered against the land.
A certified copy of title contains the same information as a
title search, except it is certified under seal. One of the main reasons for
requesting a certified copy of title is for court purposes. Many financial
institutions require a certified copy of title prior to advancing funds on a
mortgage.
Copies and certified copies of titles are available from the Registry
Agent Network. |
Q |
Who do I contact if
I have problems accessing remote title searches? |
A |
Call SPIN 2 Help Desk at 780-422-7874 |
Q |
Who can file a
Builders' Lien? |
A |
Any person who does work in respect of an improvement or
furnishes any material to be used in an improvement for an owner, contractor or
subcontractor has a lien on the estate or interest of the owner of the land in
respect of which the improvement is being made. The lien is created when the
work is started or the first material is furnished but ceases to exist if it is
not registered within the time period provided by the act.
The time limit is within 45 days of when the work was
completed or the materials were last furnished (or 90 days if in respect to an
oil or gas well or well site). The lien must be for a minimum amount of $300.
You must know the legal description of the property and
complete a Statement of Lien form, which is available from the Land Titles
office. The completed form along with the prescribed fees can be submitted to
Land Titles for registration. A builders' lien against untitled minerals can
only be registered with the Minister of Resource Development. |
Q |
Where can I get a copy of a Real Property Report? |
A |
A Real Property Report is a legal document that
illustrates the location of all visible public and private improvements
relative to property boundaries. A registered Alberta Land Surveyor is
the only individual who can legally prepare a Real Property Report.
Visit Alberta Land Surveyors Association home page (http://www.alsa.ab.ca/
(external site))
or see your local Yellow Pages directory under Surveyors - Alberta Land
for the names of registered land surveyors working in your area. |
Q |
Where can I get copies of aerial photos? |
A |
You can obtain aerial photos from Air Photo Services,
Main floor, 9920-108 Street, Edmonton, Alberta, T5K 2M4, phone (780)
427-3520, fax (780) 422-9683.
Check
http://www3.gov.ab.ca/srd/land/airphoto/
(external site) for more information. |
Q |
Where do I get a Certificate of Incorporation for a Condominium
corporation? |
A |
Pursuant to the Condominium Property Act, a
corporation under the name " Condominium Corporation No.__________ " (the number to be specified being the number given to the plan on
registration) is created on the registration of a condominium plan.
The Companies Act and the Business Corporation Act do
not apply to a condominium corporation. A copy of a plan and a copy of
the additional sheet are sufficient to prove the formation of the
corporation.. |
Q |
Where do I get a copy of the
Registered Condominium By-Laws? |
A |
You may obtain a copy of registered by-law changes
from either Land Titles office in Calgary or Edmonton or from a Registry
Agent. The plan number of the registered condominium is required to
obtain a search of the condominium additional sheet. This search will
reveal any registered changes of by-laws.
NOTE: If there are no changes registered, the
by-laws in the Condominium Property Act govern. |
Q |
How do I go about subdividing my land? |
A |
An application to subdivide land must be made with the
subdivision authority. Check with the municipality in which the land
proposed to be subdivided is located regarding the application form and
the procedure to follow. |
Q |
I have multiple lots in my title. Do I need
subdivision approval to
issue separate titles for each lot? |
A |
It depends on when the plan was registered. If the plan
was registered prior to July 1, 1950, then subdivision approval will be
required. Any plan number prior to 1966HW in the Edmonton Land Titles
office or any Plan number prior to GD series in the Calgary Land Titles
office will require subdivision approval. If the plan was registered
after July1, 1950, only full lots can be transferred without
subdivision approval. |
Q |
How do I consolidate two or more lots on one title? |
A |
There are three methods by which lots may be consolidated.
- By registering a Consolidation of Title form, a Certificate of Title can
be issued with all the lots in one title (e.g.,Plan 9520001, Block 1,
Lots 1 to 3). You must remember that if you change your mind and want
separate titles later, subdivision approval is required if the plan was
registered prior to July 1, 1950. This method only applies if the lots are
in the same plan and block. If not, see method number three.
- You may apply to the municipality for a by-law authorizing Land Titles to
cancel the lots and create a new lot. The effect of the by-law is to delete
the dividing line between the lots and make it into one parcel. This method
only applies if the lots are in the same plan and block. If not, see method
number three.
- You may have an Alberta Land Surveyor prepare a plan of survey or
descriptive plan of survey consolidating the lots. For this method, the lots
may be on the same plan or different plans, and may include an unsubdivided
parcel, closed roads, etc.
Check with your municipality as to the best method to achieve
your objective. |
Q |
What forms are available from the Land Titles office? |
A |
- Affidavit Re: A Marital Name Change
- Application for Transmission of Personal Representative
- Application of Separation or Consolidation
- Application for Name Search
- Attestation of an Instrument of Marksman
- Builders' Lien
- Creditor's Statement of Debtor's Land
- Discharge of Builders' Lien
- Document Registration Request (DRR)
- Notice of Change of Address for Service
- Notice of Change of Directors - Condominium
- Notice of Change of Address for Service - Condominium
- Service Request (SR - Land Titles)
- Statutory Declaration (Lapse of Caveat)
- Statutory Declaration Re: A Change of Name
- Statutory Declaration Re: Proof of Death
- Transfer of Land
- Other required forms are available at some stationery stores.
Large volume requests for Document Registration Request Forms
(DRRs) and Service Request Forms (SRs) may be obtained from Data Business Forms,
Warehouse and Distribution Services, Bay E, 707 Barlow Trail S.E., Calgary,
Alberta, T2E 8C2, Telephone (toll free): 1-800-805-1635, Fax (403) 272-7774 |