The Original Sale Deed is a crucial legal instrument in Canadian real estate transactions, used to facilitate and document the transfer of real property ownership. This document is required whenever there is a sale of real property, whether residential, commercial, or industrial. The deed must comply with provincial legislation and registration requirements, as property law in Canada is primarily governed at the provincial level. An Original Sale Deed includes essential elements such as proper party identification, accurate property description, consideration amount, and various declarations and warranties. The document serves as permanent evidence of the transfer and must be drafted with precision to ensure its validity and effectiveness in conveying title. It forms part of the official land registry record once registered and is often referenced in subsequent property transactions or legal matters.
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1. Parties: Full legal names, addresses, and capacities of the Vendor(s) and Purchaser(s)
2. Background: Brief recital of Vendor's ownership and intention to sell
3. Definitions: Definitions of key terms used throughout the deed
4. Property Description: Legal description of the property including lot number, plan number, and municipal address
5. Consideration: Purchase price and payment details
6. Transfer Declaration: Express words of transfer and conveyance
7. Title Warranties: Vendor's warranties regarding clear title and right to sell
8. Encumbrances: Statement of any existing encumbrances, liens, or easements
9. Possession: Date of possession and transfer of keys
10. Property Tax Adjustments: Details of tax adjustments between parties
11. Execution: Signature block with witness requirements and date
1. Spousal Consent: Required if the property is or was a matrimonial home
2. Corporate Authorization: Required if either party is a corporation
3. Power of Attorney: Required if any party is acting through an attorney
4. HST/GST Declaration: Required for commercial properties or new residential properties
5. Foreign Buyer Declaration: Required in provinces with foreign buyer restrictions
6. Property Management Transition: Required for income-producing properties
7. Environmental Warranties: Required for commercial or industrial properties
8. Indigenous Lands Declaration: Required if property is on or near Indigenous lands
1. Schedule A: Detailed legal description of the property including survey references
2. Schedule B: List of permitted encumbrances
3. Schedule C: Property inclusions and exclusions
4. Schedule D: Recent property survey or reference plan
5. Schedule E: Certificates of corporate status (if applicable)
6. Appendix 1: Property tax assessment and payment history
7. Appendix 2: Environmental reports or certificates (if applicable)
8. Appendix 3: Building permits and compliance certificates
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