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Land RegistrationWhat are the fees for registering my documents?What type of payment is accepted at Land Titles? Can I prepare my own documents for registration? I have paid off my mortgage; how do I remove it from my title? What are the different types of land ownership? One of the registered owners has died. How can his or her name be removed from the title? How do I add my spouse's name to my title? Do I require my spouse's consent in order to dispose of an interest in my property? What is the difference between a copy of title and a certified copy of title? Who do I contact if I have problems accessing remote title searches? Who can file a Builders' Lien? Where can I get a copy of a Real Property Report? Where can I get copies of aerial photos? Where do I get a Certificate of Incorporation for a Condominium corporation? Where do I get a copy of the Registered Condominium Bylaws? How do I go about subdividing my land? I have multiple lots in my title. Do I need subdivision approval to issue separate titles for each lot? How do I consolidate two or more lots on one title? What forms are available from the Land Titles office? What are the fees for registering my documents? Back to top The fees vary depending on the document type and how many titles are affected. For more information see the Land Titles and Surveys common documents fee schedule. What type of payment is accepted at Land Titles? Back to top Land Titles fees may be paid by cash, MasterCard, Visa, Interac or schedules 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. Can I prepare my own documents for registration? Back to top 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. I have paid off my mortgage; how do I remove it from my title? Back to top Generally a discharge document will be sent to you from the lending institution. The original discharge document and the appropriate forms must be submitted for registration to Land Titles along with the associated Land Titles Fees. What are the different types of land ownership? Back to top 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. One of the registered owners has died. How can his or her name be removed from the title? Back to top 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 Surrogate Court of Alberta 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 Surrogate Court of Alberta. In either situation, the appropriate documents must be submitted for registration to Land Titles along with the associated Land Titles Fees. How do I add my spouse's name to my title? Back to top A Transfer of Land form must be completed and submitted for registration to Land Titles along with the associated Land Titles Fees. Do I require my spouse's consent in order to dispose of an interest in my property? Back to top 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. What is the difference between a copy of title and a certified copy of title? Back to top There is very little difference between the two. 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 any AARA member agency. Who do I contact if I have problems accessing remote title searches? Back to top Call Registries On-Line at 1-800-661-3723. Who can file a Builders' Lien? Back to top 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. Where can I get a copy of a Real Property Report? Back to top 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 or see your local Yellow Pages directory under Surveyors - Alberta Land for the names of registered land surveyors working in your area. Where can I get copies of aerial photos? Back to top You can order aerial photos through the Air Photo Library. Where do I get a Certificate of Incorporation for a Condominium corporation? Back to top 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. Where do I get a copy of the Registered Condominium Bylaws? Back to top You may obtain a copy of registered bylaw 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 bylaws in the Condominium Property Act govern. How do I go about subdividing my land? Back to top 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. I have multiple lots in my title. Do I need subdivision approval to issue separate titles for each lot? Back to top 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 July 1, 1950, only full lots can be transferred without subdivision approval. How do I consolidate two or more lots on one title? Back to top There are three methods by which lots may be consolidated:
What forms are available from the Land Titles office? Back to top 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 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 |
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