The Absolute Deed of Sale is a crucial legal instrument in Canadian real estate transactions that facilitates the complete transfer of property ownership. This document is used when there is an unconditional and permanent transfer of real property, providing the highest level of title assurance to the buyer. The deed must comply with both federal and provincial legislation, including the Land Title Act and Property Law Act, and requires proper registration with the appropriate land registry office. An Absolute Deed of Sale typically includes comprehensive property descriptions, warranties of title, consideration details, and various covenants that protect both parties' interests. It's particularly important in commercial and residential real estate transactions where clear title transfer and legal certainty are essential.
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1. Parties: Identifies and provides full legal names and addresses of the seller(s) (Grantor) and buyer(s) (Grantee)
2. Background: Brief context about the transaction and property ownership history
3. Definitions: Defines key terms used throughout the deed
4. Property Description: Detailed legal description of the property including lot number, plan number, and municipal address
5. Consideration: States the purchase price and confirms receipt of payment
6. Transfer of Title: Explicit statement transferring ownership from seller to buyer
7. Warranties and Representations: Seller's warranties regarding property ownership, authority to sell, and absence of encumbrances
8. Property Condition: Statement regarding the as-is condition of the property
9. Title Covenants: Seller's promises regarding clear title and defense of title
10. Execution: Signature block with witnessing requirements
1. Spousal Consent: Required when the property is or was a matrimonial home
2. Mortgage Discharge: Included when there is an existing mortgage to be discharged
3. Property Tax Adjustments: Details of tax prorating between buyer and seller
4. Mineral Rights: Included when mineral rights are being retained or specifically transferred
5. Easements and Rights of Way: Description of any existing easements or rights of way affecting the property
6. Special Conditions: Any unique terms or conditions specific to the transaction
7. Corporate Authorization: Required when either party is a corporation
1. Schedule A - Property Description: Detailed legal description of the property including surveys and plans
2. Schedule B - Permitted Encumbrances: List of authorized encumbrances that will continue after sale
3. Schedule C - Property Inclusions: Detailed list of fixtures and chattels included in the sale
4. Schedule D - Property Exclusions: List of items specifically excluded from the sale
5. Schedule E - Existing Tenancies: Details of any lease agreements that will continue after sale
6. Schedule F - Environmental Disclosure: Environmental conditions or concerns affecting the property
Relevant legal definitions
Property
Lands
Improvements
Grantor
Grantee
Consideration
Closing Date
Transfer Date
Permitted Encumbrances
Title
Deed
Appurtenances
Fixtures
Chattels
Building
Common Elements
Easements
Rights-of-Way
Legal Description
Municipal Address
Purchase Price
Registry Office
Effective Date
Warranties
Covenants
Matrimonial Home
Mineral Rights
Water Rights
Environmental Laws
Governing Law
Business Day
Property Taxes
Adjustments
Existing Tenancies
Encumbrances
Certificate of Title
Land Registration System
Survey Plan
Reference Plan
Zoning By-laws
Lands
Improvements
Grantor
Grantee
Consideration
Closing Date
Transfer Date
Permitted Encumbrances
Title
Deed
Appurtenances
Fixtures
Chattels
Building
Common Elements
Easements
Rights-of-Way
Legal Description
Municipal Address
Purchase Price
Registry Office
Effective Date
Warranties
Covenants
Matrimonial Home
Mineral Rights
Water Rights
Environmental Laws
Governing Law
Business Day
Property Taxes
Adjustments
Existing Tenancies
Encumbrances
Certificate of Title
Land Registration System
Survey Plan
Reference Plan
Zoning By-laws
Clauses
Identification of Parties
Property Description
Consideration and Payment
Transfer of Title
Warranties of Title
Property Condition
Title Covenants
Encumbrances
Property Rights
Environmental Compliance
Tax Matters
Possession and Occupancy
Municipal Compliance
Registration Requirements
Spousal Consent
Legal Compliance
Representations and Warranties
Risk and Insurance
Further Assurances
Severability
Entire Agreement
Governing Law
Execution and Delivery
Successors and Assigns
Property Description
Consideration and Payment
Transfer of Title
Warranties of Title
Property Condition
Title Covenants
Encumbrances
Property Rights
Environmental Compliance
Tax Matters
Possession and Occupancy
Municipal Compliance
Registration Requirements
Spousal Consent
Legal Compliance
Representations and Warranties
Risk and Insurance
Further Assurances
Severability
Entire Agreement
Governing Law
Execution and Delivery
Successors and Assigns
Relevant Industries
Real Estate
Property Development
Construction
Banking and Finance
Legal Services
Insurance
Agriculture
Commercial Property
Residential Property
Industrial Property
Mining and Resources
Retail
Hospitality
Relevant Teams
Legal
Real Estate
Property Management
Corporate Services
Compliance
Risk Management
Administration
Operations
Finance
Investment
Documentation
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Title Examiner
Conveyancing Clerk
Legal Counsel
Corporate Counsel
Land Registry Officer
Property Developer
Real Estate Investment Manager
Compliance Officer
Real Estate Broker
Mortgage Specialist
Legal Assistant
Real Estate Administrator
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