Original Sale Deed for Canada

Original Sale Deed Template for Canada

A legally binding document used in Canadian jurisdictions to transfer ownership of real property from a vendor to a purchaser. This comprehensive deed serves as the primary instrument of conveyance in real estate transactions, incorporating detailed property descriptions, consideration amounts, and various warranties and representations. The document must comply with both federal and provincial requirements, including specific provincial land registry regulations, and typically requires proper witnessing and registration with the appropriate land titles office to effectively transfer legal title.

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What is a Original Sale Deed?

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.

What sections should be included in a Original Sale Deed?

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

What sections are optional to include in a Original Sale Deed?

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

What schedules should be included in a Original Sale Deed?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Sale Deed

Cost

Free to use
Relevant legal definitions
Relevant Industries

Real Estate

Legal Services

Banking and Finance

Construction

Property Development

Insurance

Government and Public Sector

Agriculture

Commercial Property

Residential Property

Industrial Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Operations

Corporate Services

Land Administration

Document Management

Title Services

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Title Examiner

Legal Counsel

Conveyancer

Land Registry Officer

Property Developer

Mortgage Specialist

Real Estate Portfolio Manager

Commercial Property Manager

Legal Administrator

Compliance Officer

Real Estate Transaction Coordinator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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