A Deed Of Sale To Land Title is a crucial legal instrument in Canadian real estate transactions, used when transferring ownership of real property between parties. The document is essential in all Canadian provinces, though specific requirements may vary by jurisdiction. It combines elements of both a sale agreement and a transfer instrument, providing comprehensive documentation of the transaction terms while serving as the official record for the land title system. The deed must include precise legal descriptions of the property, clear identification of parties, consideration details, and various warranties and representations. It's particularly important as Canada primarily uses the Torrens title system, where registration of the deed in the land title office provides indefeasible title to the purchaser. The document must comply with provincial legislation regarding property transfers, planning acts, and specific requirements for execution and registration.
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1. Parties: Identification of the Vendor(s) and Purchaser(s) with full legal names and addresses
2. Background: Brief context of the transaction and confirmation of Vendor's right to sell
3. Definitions: Definitions of key terms used throughout the deed
4. Property Description: Legal description of the land and property being transferred, including municipal address and legal survey details
5. Consideration: Purchase price and payment terms, including deposit details and balance payment requirements
6. Transfer of Title: Express provision transferring legal and beneficial ownership from Vendor to Purchaser
7. Vendor's Representations and Warranties: Standard warranties regarding title, authority to sell, and property condition
8. Purchaser's Representations and Warranties: Confirmations regarding authority to purchase and compliance with relevant laws
9. Closing Arrangements: Details of closing process, including timing, location, and document requirements
10. Property Adjustments: Pro-rating of property taxes, utilities, and other adjustments as of closing date
11. Risk and Insurance: Transfer of risk and insurance obligations
12. Notice: Process and addresses for giving formal notices under the deed
13. Execution: Formal execution block including witness requirements and date
1. Environmental Matters: Required when there are known environmental issues or specific environmental warranties needed
2. Tenant Rights: Required when the property is sold subject to existing tenancies
3. GST/HST Certificate: Required for commercial properties or new residential properties subject to GST/HST
4. Planning Act Compliance: Required in provinces where specific Planning Act statements must be included
5. First Nations Considerations: Required when property is adjacent to or affects First Nations interests
6. Foreign Ownership: Required when purchaser is a non-Canadian entity subject to foreign ownership restrictions
7. Subdivision Provisions: Required when the transfer involves land subdivision
8. Service Contracts: Required when service contracts are being assigned to the purchaser
9. Wells and Water Rights: Required for rural properties with well water systems
10. Mineral Rights: Required when mineral rights are included or specifically excluded from the sale
1. Schedule A - Legal Description: Detailed legal description of the property including survey references and parcel identifiers
2. Schedule B - Permitted Encumbrances: List of permitted encumbrances, easements, and restrictions that will continue after closing
3. Schedule C - Transfer/Deed Documentation: Form of transfer/deed to be registered on closing
4. Schedule D - Included Chattels: List of personal property included in the sale
5. Schedule E - Excluded Fixtures: List of fixtures specifically excluded from the sale
6. Schedule F - Current Leases: Details of any existing leases affecting the property
7. Schedule G - Property Condition Report: Current condition report or property inspection results
8. Schedule H - Environmental Reports: Environmental assessment reports or certificates where applicable
9. Schedule I - Site Plan: Property site plan showing buildings, improvements, and significant features
10. Schedule J - Property Photos: Recent photographs of the property documenting current condition
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