The Land Deed of Agreement is a fundamental legal instrument in Canadian real estate transactions, used when transferring ownership rights of real property. This document type is essential in both residential and commercial property transfers across all Canadian provinces and territories, though specific requirements may vary by jurisdiction. It serves as the primary evidence of property transfer and must be properly executed and registered to ensure legal validity. The agreement typically includes detailed property descriptions, consideration amounts, warranties, and various covenants. It must comply with provincial land registry requirements and often needs to address specific Canadian legal considerations such as Indigenous land rights, environmental regulations, and provincial property laws. The Land Deed of Agreement is particularly crucial as it creates a permanent record of the property transfer and forms part of the property's chain of title.
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1. Parties: Identification of the Transferor (Seller) and Transferee (Buyer) with full legal names and addresses
2. Background: Context of the transfer including the Transferor's ownership rights and intention to transfer
3. Definitions: Definitions of key terms used throughout the deed
4. Property Description: Detailed legal description of the property including lot number, plan, boundaries, and municipal address
5. Consideration: Statement of the purchase price and payment terms
6. Transfer of Title: Clear statement of the transfer of ownership and rights from Transferor to Transferee
7. Transferor's Covenants: Warranties and representations regarding property ownership, authority to sell, and absence of encumbrances
8. Property Condition: Statement regarding the condition of the property and any 'as-is' provisions
9. Closing Date: Date when the transfer will be completed and possession given
10. Registration: Provisions for registration of the deed in the appropriate land registry office
11. Execution: Signature block with attestation requirements
1. Mortgage Provisions: Include when there's an existing mortgage or new financing involved
2. Easements and Rights of Way: Include when there are existing easements or rights of way affecting the property
3. Environmental Warranties: Include when there are environmental concerns or requirements
4. Indigenous Rights: Include when property may be subject to Indigenous land claims or rights
5. Mineral Rights: Include when mineral rights are being transferred or reserved
6. Planning Act Compliance: Include specific statement of compliance with Planning Act when required by province
7. Spousal Consent: Include when required under provincial family law
8. Survey Provisions: Include when a new survey is required or existing survey issues exist
9. Tenant Rights: Include when property is subject to existing tenancies
1. Schedule A - Legal Description: Detailed legal description of the property from survey or registry office
2. Schedule B - Permitted Encumbrances: List of permitted encumbrances that will continue after transfer
3. Schedule C - Property Sketch: Survey sketch or reference plan of the property
4. Schedule D - Transfer Tax Calculations: Detailed calculation of applicable land transfer taxes
5. Appendix 1 - Title Search: Results of title search showing chain of ownership
6. Appendix 2 - Environmental Reports: Any environmental assessments or reports if applicable
7. Appendix 3 - Compliance Certificates: Municipal compliance certificates and zoning statements
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