An Absolute Deed is the primary document used in Canadian real estate transactions to transfer complete ownership of property without conditions or reservations. This document is essential when conveying real property interests and must comply with provincial legislation and land registry requirements. The deed includes crucial elements such as proper party identification, accurate property description, consideration details, and necessary declarations. Used in both residential and commercial contexts, an Absolute Deed differs from other property transfer instruments as it conveys the highest form of ownership without restrictions. The document must be properly executed, witnessed, and registered with the provincial land registry office to complete the transfer. Its format and content requirements may vary slightly between provinces but generally follow similar principles under Canadian property law.
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1. Deed Title and Date: Clearly identifies the document as an Absolute Deed and states the date of execution
2. Parties: Identifies the grantor(s) and grantee(s) with their full legal names and addresses
3. Consideration Statement: States the amount paid or other consideration given for the property transfer
4. Granting Clause: Contains the formal language transferring title from grantor to grantee
5. Property Description: Legal description of the property being transferred, including municipal address and legal land description
6. Title Warranty: Grantor's warranty that they have good title to the property and right to transfer it
7. Execution: Space for signatures of grantor(s), witnesses, and notary/commissioner
8. Affidavit of Execution: Witness affidavit confirming proper execution of the deed
1. Spousal Consent: Required if the property is or was a matrimonial home and spouse is not on title
2. Corporate Authorization: Required if grantor is a corporation, confirming authority to transfer
3. Property Tax Statement: Statement regarding status of property taxes if required by jurisdiction
4. Environmental Warranties: Statements regarding environmental condition if property has industrial/commercial use
5. Compliance Statement: Statement confirming compliance with Planning Act or similar legislation if required
1. Schedule A - Property Description: Detailed legal description of the property including boundaries, easements, and rights-of-way
2. Schedule B - Permitted Encumbrances: List of existing encumbrances that will continue after transfer
3. Schedule C - Survey Plan: Reference plan or survey showing property boundaries and features
4. Schedule D - Corporate Resolution: If grantor is corporation, resolution authorizing the transfer
5. Schedule E - Transfer Tax Forms: Required forms for land transfer tax purposes
Relevant legal definitions
Clauses
Property Description
Transfer
Title Warranty
Consideration
Execution
Attestation
Spousal Declaration
Capacity
Authority
Registration Compliance
Property Tax Compliance
Planning Act Compliance
Encumbrance Declaration
Title Insurance
Environmental Compliance
Succession Rights
Matrimonial Rights
Corporate Authorization
Legal Description
Property Identification
Transfer
Title Warranty
Consideration
Execution
Attestation
Spousal Declaration
Capacity
Authority
Registration Compliance
Property Tax Compliance
Planning Act Compliance
Encumbrance Declaration
Title Insurance
Environmental Compliance
Succession Rights
Matrimonial Rights
Corporate Authorization
Legal Description
Property Identification
Relevant Industries
Real Estate
Commercial Property
Residential Property
Agriculture
Industrial
Mining
Forestry
Urban Development
Construction
Banking and Finance
Legal Services
Property Management
Relevant Teams
Legal
Real Estate
Property Management
Corporate Secretariat
Compliance
Operations
Administrative Services
Risk Management
Asset Management
Documentation
Relevant Roles
Real Estate Lawyer
Property Manager
Title Examiner
Real Estate Agent
Land Registry Clerk
Conveyancer
Corporate Counsel
Legal Assistant
Paralegal
Real Estate Administrator
Development Manager
Asset Manager
Property Administrator
Compliance Officer
Real Estate Transaction Coordinator
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