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Real Estate

“Real Estate Law” describes a broad range of services. We can answer your questions before you decide to buy or sell and will draft a Contract of Purchase and Sale if you do. We will also deal with your mortgage and close the deal and help you with leases, subdivisions and more complicated developments. Some things we frequently deal with are:

Contract of Purchase and Sale   –   We understand the land title system and the types of problems that can arise without a carefully drafted purchase contract. We know how HST, GST and PST apply and how to deal with them. If somebody else drafts the contract, see us before you sign.

Land Title Registration   –   We converted to electronic filing as soon as the system became generally available in British Columbia in 2004. That means we can coordinate closings involving parties situated all over the world and file documents instantaneously from our computers. In addition, our conveyancing department is very experienced, competent and strives to complete every deal quickly and with a minimal amount of stress.

Mortgages   –   We are familiar with the forms of most institutional lenders and can help you navigate through the various clauses. We also draft and register private mortages and most other types of security.

Subdivision   –   We participated in the pilot project for electronic filing of subdivision plans in 2007 and have continued to keep on top of developments. We can assist with applications and draft any supporting documents (like covenants, easements or rights-of-way) that may be required.

Development   –   This is really just a more complex subdivision. Maybe you want a conventional strata subdivision where you can sell individual units in a larger building, perhaps with some common property or facilities, or a bare land strata subdivision where purchasers acquire a building lot with an interest in common property or facilities or maybe you just want to create a multi-lot sudivision. We can assist you at any stage in the process and help you meet the various requirements of approving officers, the Superintendant of Real Estate, the land title office and anyone else with a say over your application.

Easements  –   These give the owners of one piece of property the right to use all or part of another piece of property for the benefit of the first piece. In other words, they can permit you to park on your neighbour’s property, use a road over it or take water from a well there among other things. You may need one when you sell, buy or subdivide.

Leases   –  The Residential Tenancy Act controls the form and content of residential leases (or “tenancy agreements”) so tightly that there is little room for negotiation or drafting. If you are considering anything novel, be sure the Act permits it. Commercial leases, on the other hand, are not overly regulated, but the rules are spread among various statutes and court decisions so it is wise to consult a lawyer before a dispute arises.