Property Law

Conveyancing

Conveyancers are people who facilitate the transfer of real property from one person to the other. ‘Real property’ refers to house and/or land. 

Some lawyers conduct conveyances. Or, a conveyancing firm may perform the conveyance.

When real property is transferred it needs to be in writing and registered at the Land Titles Office.

Buying or selling a home is an important event. You are entering into a significant contract. The contract and documentation you are asked to sign may seem simple, but beware. Before signing the contract, make sure you understand what you are signing.

See a lawyer for advice if you have any concerns.

Lawyers and Property Issues

If you are unsure, a lawyer can advise you on your rights and obligations under a Contract. Sometimes important conditions are easy to miss if you do not have a trained eye.

The vendor’s statement will contain information you, as a purchaser will seek to rely on. A lawyer can check this information for you and advise you of your rights if the information provided by the vendor is untrue or if the vendor has failed to disclose any information that it is compelled to disclose.

A lawyer can take your directions about what you want to happen under the contract and can negotiate contractual terms favourable to you.

A lawyer can make sure that legislation has been complied with and conduct relevant searches.

Taking a proactive approach and getting legal advice before signing a contract is always the safest and most sensible way to go.

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Leasing Disputes

On occasion, a dispute may arise between a tenant and their landlord. Lawyers help people with these kinds of disputes on a regular basis. If you find yourself involved in a dispute, you may need some legal advice. Take along a copy of the lease in question to the meeting with your lawyer. He or she can then read through the lease and advise you. If necessary, your lawyer can write to the tenant or landlord, or arrange a meeting to try and find a resolution.

Often disputes arise when tenants and landlords don’t have an understanding about their rights and obligations under the lease in the first place. Some tricky areas tend to be:

• Termination of the lease
• Obligations of the parties on termination
• Rights of Renewal

Particularly if your lease is coming up for renewal, and there are some problems to iron out, it might be a good time to see a lawyer to discuss the next step, and see if you can negotiate a better arrangement.

Caveats

A caveat is a formal notice to the registered proprietor of land (i.e. the owner) that the person registering the caveat (the caveator) claims a legal or beneficial interest in the land. The caveat is registered on the Certificate of Title at the Land Titles Office.

The caveat prevents the owner of the land from selling the land until the caveator's interest has been determined by the parties involved, or by the Court.

Contrary to popular belief, for a caveat to be registered on someone’s property, the caveator must have a direct interest in the land. For instance, you cannot try and recover a general debt by registering a caveat on the debtor’s land, unless the debtor has given you the right to do so. However, if you have contributed to the purchase of land, or have improved the land physically somehow, you may have a caveatable interest in the land.

See your lawyer if you need advice in this area.