The Conveyance Agreement serves as the primary legal instrument for transferring real property ownership in Canada. This document is essential when any party wishes to transfer legal title of real property to another party, whether in commercial, residential, or industrial contexts. The agreement must comply with both federal and provincial legislation, including the Land Titles Act and Property Law Act of the relevant province. A properly drafted Conveyance Agreement includes detailed property descriptions, purchase terms, warranties, and closing conditions, while addressing crucial elements such as title insurance, environmental considerations, and existing encumbrances. It provides legal certainty for property transactions and serves as the basis for land registry recordings.
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1. Parties: Identifies and provides full legal names and addresses of all parties involved in the conveyance
2. Background: Provides context for the agreement and establishes the intent to transfer the property
3. Definitions: Defines key terms used throughout the agreement
4. Property Description: Detailed legal description of the property being conveyed, including lot numbers, boundaries, and registration details
5. Purchase Price and Payment Terms: Specifies the agreed purchase price, payment method, and timing of payments
6. Transfer of Title: Details the mechanics and timing of the property title transfer
7. Representations and Warranties: Statements and guarantees made by both parties regarding the property and their authority to enter into the agreement
8. Closing Conditions: Conditions that must be satisfied before the transaction can be completed
9. Closing Date and Possession: Specifies the date of closing and terms of possession transfer
10. Adjustments: Details how property taxes, utilities, and other expenses will be prorated between parties
11. Notice: Specifies how and where formal notices between parties should be delivered
12. Governing Law: Confirms that the agreement is governed by Canadian law and specifies the applicable province
13. Execution: Signature block and execution requirements
1. Environmental Matters: Include when there are environmental concerns or requirements for environmental assessments
2. Indigenous Rights: Include when the property may be affected by Indigenous land claims or rights
3. Tenant Rights: Include when the property has existing tenants with ongoing lease agreements
4. Mortgage Assumptions: Include when existing mortgages are being assumed by the purchaser
5. Property Management Transition: Include for commercial properties with ongoing management requirements
6. Development Rights: Include when there are specific development permissions or restrictions to be transferred
7. Mineral Rights: Include when mineral rights are being transferred or specifically reserved
8. Water Rights: Include when water rights are a significant aspect of the property transfer
9. Access Rights and Easements: Include when there are specific access rights or easements affecting the property
1. Schedule A - Property Description: Detailed legal description of the property, including surveys and plans
2. Schedule B - Permitted Encumbrances: List of accepted liens, easements, or other encumbrances that will continue after transfer
3. Schedule C - Title Documents: Copies of relevant title documents and land registry extracts
4. Schedule D - Environmental Reports: Any environmental assessments or reports relevant to the property
5. Schedule E - Property Condition Report: Detailed description of the property's current condition and any known defects
6. Schedule F - Fixtures and Chattels: List of included and excluded fixtures and personal property
7. Appendix 1 - Property Tax Certificates: Current property tax certificates and assessment information
8. Appendix 2 - Compliance Certificates: Certificates confirming compliance with zoning and building regulations
9. Appendix 3 - Service Contracts: List and copies of service contracts that may be assigned to the purchaser
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