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Deed Of Absolute Sale Without Title Template for Canada

A legal document used in Canadian jurisdictions for transferring property ownership in situations where the seller does not possess formal title to the property. This document facilitates the transfer of all rights, interests, and claims the seller has in the property to the buyer, while explicitly acknowledging the absence of formal title. It includes detailed provisions for protecting both parties' interests, specifying the property details, purchase terms, and relevant conditions under Canadian property law. The document is particularly relevant in situations involving inherited property, long-term possession, or other circumstances where formal title documentation is unavailable.

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What is a Deed Of Absolute Sale Without Title?

The Deed of Absolute Sale Without Title is a specialized legal instrument used in Canadian property transactions where traditional title documentation is unavailable. This document becomes necessary in various scenarios, such as cases involving inherited property without proper documentation, long-term possession without formal title, or situations where original title documents have been lost or destroyed. It provides a structured framework for transferring whatever rights and interests the seller possesses in the property, while explicitly acknowledging and addressing the absence of formal title. The document includes comprehensive provisions for property description, consideration, transfer of rights, and risk allocation, all within the context of Canadian property law. It serves as a crucial tool for facilitating property transfers while protecting the interests of both buyers and sellers in challenging title situations.

What sections should be included in a Deed Of Absolute Sale Without Title?

1. Parties: Identification and details of the Seller and Buyer, including full legal names, addresses, and contact information

2. Background: Context of the sale, including brief history of the property ownership and explanation of the absence of title

3. Definitions: Key terms used throughout the deed, including 'Property', 'Purchase Price', 'Closing Date', etc.

4. Property Description: Detailed description of the property being sold, including physical address, boundaries, and any identifying features

5. Consideration: Purchase price and payment terms, including any deposits or installment arrangements

6. Acknowledgment of No Title: Clear statement acknowledging the absence of title and implications thereof

7. Seller's Representations: Seller's declarations regarding property ownership, right to sell, and property condition

8. Buyer's Acknowledgments: Buyer's understanding of purchasing property without title and associated risks

9. Transfer of Rights: Details of what rights and interests are being transferred from seller to buyer

10. Risk and Possession: Transfer of risk and possession arrangements

11. Closing Procedures: Steps to complete the sale, including documentation and payment requirements

12. Governing Law: Specification that the deed is governed by Canadian law and relevant provincial jurisdiction

13. Execution: Signature blocks and witness requirements

What sections are optional to include in a Deed Of Absolute Sale Without Title?

1. Encumbrances: Description of any existing liens, mortgages, or other encumbrances on the property

2. Title Acquisition Process: Process for eventual title acquisition if applicable

3. Property Maintenance: Responsibilities for property maintenance during any transition period

4. Tax Provisions: Special tax considerations or arrangements

5. Insurance Requirements: Special insurance requirements due to lack of title

6. Dispute Resolution: Specific procedures for resolving disputes

7. Third Party Rights: Recognition of any third party interests or rights in the property

8. Survival Clause: Provisions that continue after closing

What schedules should be included in a Deed Of Absolute Sale Without Title?

1. Schedule A - Property Details: Detailed property description, including measurements, boundaries, and features

2. Schedule B - Payment Schedule: Detailed breakdown of payment terms and schedule

3. Schedule C - Property Condition Report: Current condition of the property and any known issues

4. Schedule D - Supporting Documents: List of available documents proving ownership or right to sell

5. Appendix 1 - Property Photos: Current photographs of the property

6. Appendix 2 - Property Plans: Site plans, floor plans, or surveys if available

7. Appendix 3 - Historical Documents: Any available historical documents relating to property ownership

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Document Type

Sale Deed

Cost

Free to use

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