The Bargain and Sale Deed Form is a fundamental instrument in Canadian real estate transactions, commonly used when transferring property ownership where the grantor wishes to provide some, but not all, warranties about the property's title. This deed type strikes a balance between a Quitclaim Deed (which provides no warranties) and a General Warranty Deed (which provides complete warranties). It is particularly useful in situations where the grantor has owned the property for a limited time or when the parties have negotiated specific terms regarding title warranties. The document must comply with provincial registration requirements and typically includes essential elements such as proper party identification, accurate property description, consideration amount, and any permitted encumbrances. This deed type is widely used across Canadian provinces, though specific requirements may vary by jurisdiction.
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1. Parties: Identifies and provides full legal names and addresses of the Grantor (seller) and Grantee (buyer)
2. Consideration Statement: States the amount paid or other consideration given for the property transfer
3. Granting Clause: Formal language expressing the transfer of property from Grantor to Grantee
4. Property Description: Legal description of the property being conveyed, including lot numbers, boundaries, and references to official surveys or plans
5. Title Warranties: Limited warranties provided by the Grantor regarding title to the property
6. Encumbrances: List of any existing liens, mortgages, or other encumbrances affecting the property
7. Execution: Signature block with requirements for witnessing and notarization
1. Spousal Consent: Required when the property is or was a matrimonial home and spouse's consent is needed for the transfer
2. Municipal Address: Including the civic address when different from the legal description
3. Prior Registration References: References to previous deed registrations when relevant to the chain of title
4. Environmental Warranties: Specific warranties regarding environmental conditions when required by local regulations or buyer
5. Planning Act Statements: Required statements regarding compliance with Planning Act requirements in certain jurisdictions
1. Schedule A - Property Description: Detailed legal description of the property if too lengthy to include in main document
2. Schedule B - Permitted Encumbrances: List of specifically permitted encumbrances that will continue after the transfer
3. Schedule C - Property Survey: Reference plan or survey showing the property boundaries and measurements
4. Schedule D - Special Provisions: Any additional terms, conditions, or provisions specific to the transfer
Relevant legal definitions
Lands
Property
Grantor
Grantee
Consideration
Permitted Encumbrances
Improvements
Appurtenances
Transfer Date
Registration Date
Title
Deed
Legal Description
Municipal Address
Easements
Covenant
Planning Act
Land Registry Office
Interest in Land
Matrimonial Home
Hereditaments
Survey Plan
Reference Plan
Transferor
Transferee
Land Titles Act
Registry Act
Parcel Register
Property
Grantor
Grantee
Consideration
Permitted Encumbrances
Improvements
Appurtenances
Transfer Date
Registration Date
Title
Deed
Legal Description
Municipal Address
Easements
Covenant
Planning Act
Land Registry Office
Interest in Land
Matrimonial Home
Hereditaments
Survey Plan
Reference Plan
Transferor
Transferee
Land Titles Act
Registry Act
Parcel Register
Clauses
Property Description
Transfer of Title
Consideration
Limited Title Warranty
Prior Encumbrances
Covenant of Right to Convey
Quiet Possession
Planning Act Compliance
Environmental Compliance
Registration Compliance
Matrimonial Rights
Successors and Assigns
Further Assurances
Execution and Delivery
Governing Law
Severability
Entire Agreement
No Encumbrance
Legal Compliance
Property Rights
Transfer of Title
Consideration
Limited Title Warranty
Prior Encumbrances
Covenant of Right to Convey
Quiet Possession
Planning Act Compliance
Environmental Compliance
Registration Compliance
Matrimonial Rights
Successors and Assigns
Further Assurances
Execution and Delivery
Governing Law
Severability
Entire Agreement
No Encumbrance
Legal Compliance
Property Rights
Relevant Industries
Real Estate
Property Development
Commercial Property
Residential Property
Construction
Legal Services
Financial Services
Municipal Government
Land Development
Property Management
Relevant Teams
Legal
Real Estate Operations
Property Management
Compliance
Administrative Services
Land Registry
Title Services
Document Processing
Real Estate Sales
Property Development
Relevant Roles
Real Estate Lawyer
Property Manager
Real Estate Agent
Title Examiner
Land Registry Clerk
Real Estate Development Manager
Conveyancer
Legal Assistant
Notary Public
Property Administrator
Real Estate Paralegal
Municipal Planning Officer
Real Estate Broker
Compliance Officer
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