The Deed of Absolute Sale with Partition is a specialized legal instrument used in Canadian real estate transactions where parties wish to combine the sale of property with its simultaneous division. This document is particularly relevant when purchasers intend to divide the property upon acquisition, or when vendors wish to sell a property while establishing its partition into separate parcels. It must comply with provincial property laws, land registration requirements, and municipal regulations regarding property subdivision. The deed includes comprehensive details about the property, sale terms, partition specifications, and necessary approvals. It's commonly used in family property arrangements, joint ventures, and development projects where immediate property division is required upon sale.
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1. Parties: Identifies and defines all parties involved in the transaction, including the Vendor(s) and Purchaser(s), with their complete legal names and addresses
2. Background: Recitals explaining the current ownership status, reason for sale and partition, and any relevant property history
3. Definitions: Defines key terms used throughout the deed, including Property, Purchase Price, Closing Date, and other relevant terms
4. Property Description: Detailed legal description of the entire property being sold, including lot numbers, boundaries, and registered title information
5. Consideration: States the purchase price, payment terms, and acknowledgment of receipt
6. Partition Details: Specifies how the property will be divided, including detailed descriptions of each resulting parcel
7. Warranties and Representations: Vendor's warranties regarding title, property condition, and authority to sell
8. Transfer of Title: Legal language effecting the transfer of ownership and specifying the type of title being conveyed
9. Possession and Closing: Specifies the closing date and possession arrangements
10. Property Taxes and Adjustments: Addresses the proration of property taxes and other adjustments
11. Registration Provisions: Requirements and procedures for registering the deed and partition
12. Execution: Formal execution block with signature requirements and witness provisions
1. Easements and Rights of Way: Used when the partition creates or requires easements between the divided parcels
2. Environmental Warranties: Included when there are specific environmental concerns or requirements
3. Mineral Rights: Required when mineral rights are being retained or specifically transferred
4. Survey Requirements: Included when new surveys are required for the partition
5. Municipal Approval: Required when local government approval is needed for the partition
6. Access Agreements: Used when shared access arrangements are needed post-partition
7. Cost Sharing: Included when there are shared costs for partition-related expenses
8. Future Development Rights: Used when specific development rights need to be allocated between partitioned parcels
1. Schedule A - Property Survey: Detailed survey plan showing the original property and proposed partition
2. Schedule B - Legal Descriptions: Detailed legal descriptions of each resulting parcel after partition
3. Schedule C - Site Plan: Plan showing existing structures, easements, and other physical features
4. Schedule D - Payment Terms: Detailed breakdown of purchase price and payment schedule if applicable
5. Schedule E - Environmental Reports: Any relevant environmental assessments or reports
6. Schedule F - Encumbrances: List of existing encumbrances, liens, or other charges affecting the property
7. Appendix 1 - Municipal Approvals: Copies of any required municipal approvals for the partition
8. Appendix 2 - Title Documents: Copies of relevant title documents and searches
Relevant legal definitions
Agreement
Adjustments
Applicable Laws
Approval Date
Business Day
Closing
Closing Date
Consideration
Deed
Easements
Effective Date
Encumbrances
Environmental Laws
Improvements
Land
Land Registry Office
Land Titles Act
Legal Description
Municipal Authority
Original Parcel
Partition Date
Partition Plan
Parcel A
Parcel B
Parties
Permitted Encumbrances
Property
Purchase Price
Purchaser
Resulting Parcels
Rights of Way
Schedule
Survey Plan
Title
Transfer Date
Vendor
Warranties
Adjustments
Applicable Laws
Approval Date
Business Day
Closing
Closing Date
Consideration
Deed
Easements
Effective Date
Encumbrances
Environmental Laws
Improvements
Land
Land Registry Office
Land Titles Act
Legal Description
Municipal Authority
Original Parcel
Partition Date
Partition Plan
Parcel A
Parcel B
Parties
Permitted Encumbrances
Property
Purchase Price
Purchaser
Resulting Parcels
Rights of Way
Schedule
Survey Plan
Title
Transfer Date
Vendor
Warranties
Clauses
Property Description
Sale and Purchase
Consideration
Partition Terms
Title Transfer
Representations and Warranties
Property Condition
Environmental Compliance
Registration Requirements
Closing Conditions
Possession
Property Taxes
Adjustments
Municipal Compliance
Easements and Rights of Way
Survey Requirements
Access Rights
Utilities and Services
Cost Allocation
Future Development Rights
Risk and Insurance
Default and Remedies
Notice Requirements
Governing Law
Succession and Assignment
Severability
Amendment
Entire Agreement
Further Assurances
Time of Essence
Sale and Purchase
Consideration
Partition Terms
Title Transfer
Representations and Warranties
Property Condition
Environmental Compliance
Registration Requirements
Closing Conditions
Possession
Property Taxes
Adjustments
Municipal Compliance
Easements and Rights of Way
Survey Requirements
Access Rights
Utilities and Services
Cost Allocation
Future Development Rights
Risk and Insurance
Default and Remedies
Notice Requirements
Governing Law
Succession and Assignment
Severability
Amendment
Entire Agreement
Further Assurances
Time of Essence
Relevant Industries
Real Estate
Property Development
Construction
Agriculture
Commercial Property
Residential Property
Banking and Finance
Legal Services
Municipal Government
Land Development
Property Management
Relevant Teams
Legal
Real Estate
Property Development
Land Acquisition
Property Management
Corporate Services
Compliance
Development Planning
Investment
Operations
Relevant Roles
Real Estate Lawyer
Property Developer
Real Estate Agent
Land Surveyor
Municipal Planning Officer
Title Examiner
Property Manager
Real Estate Investment Manager
Legal Counsel
Conveyancing Clerk
Development Project Manager
Agricultural Land Manager
Commercial Property Manager
Real Estate Investment Analyst
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