The Deed of Sale of Land is a fundamental legal instrument in Canadian real estate transactions, used whenever real property ownership is transferred between parties. This document is essential for both residential and commercial property transactions across all Canadian provinces, though specific requirements may vary by jurisdiction. The deed must be prepared in accordance with provincial land registry requirements and typically includes detailed property descriptions, purchase price, warranties, and various conditions of sale. It serves as the official record of property transfer and must be registered with the appropriate land registry office to perfect the purchaser's title. The document should address all relevant federal and provincial legal requirements, including environmental considerations, zoning compliance, and any specific provincial regulations regarding land transfer.
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1. Parties: Identifies and provides full legal names and addresses of the vendor(s) and purchaser(s)
2. Background: Recitals establishing the context of the sale, including vendor's ownership and authority to sell
3. Definitions: Defines key terms used throughout the deed
4. Property Description: Detailed legal description of the land and property being conveyed
5. Consideration: States the purchase price and payment terms
6. Transfer of Title: Legal language effecting the transfer of ownership
7. Vendor's Warranties: Warranties regarding title, property condition, and authority to sell
8. Property Condition: Statement of the condition in which the property is being sold
9. Encumbrances: Declaration of any existing liens, easements, or other encumbrances
10. Closing Date: Specifies the date of completion of the sale
11. Possession: Terms of vacant possession and timing
12. Execution: Formal execution clause and signature blocks
1. Environmental Warranties: Additional warranties regarding environmental condition, used when there are potential environmental concerns
2. Planning Permissions: Details of existing planning permissions, included when relevant to the property's development potential
3. Tenant Rights: Information about existing tenancies, required when property is sold subject to tenancies
4. Mineral Rights: Specific provisions regarding mineral rights, included when these rights are relevant to the property
5. First Nations Considerations: Special provisions related to First Nations land rights, included when applicable
6. Agricultural Provisions: Special conditions for agricultural land, included when the property includes farmland
7. Heritage Property Provisions: Special conditions for heritage properties, included when the property has heritage designation
8. Foreign Ownership Declaration: Additional provisions required for foreign buyers, included when purchaser is non-Canadian
1. Schedule A - Property Description: Detailed legal description of the property including surveys and plans
2. Schedule B - Permitted Encumbrances: List of all permitted encumbrances that will continue after sale
3. Schedule C - Purchase Price Allocation: Breakdown of purchase price between land, buildings, and other improvements
4. Schedule D - Included Fixtures and Chattels: Itemized list of fixtures and personal property included in the sale
5. Schedule E - Title Documents: Copies of relevant title documents and registered instruments
6. Schedule F - Environmental Reports: Summary or copies of environmental assessments and reports
7. Appendix 1 - Property Plans: Survey plans, site plans, and other relevant property drawings
8. Appendix 2 - Photographs: Documentary photographs of the property and significant features
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Relevant Teams
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Relevant Roles
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Title Examiner
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