Blog

UPDATING REAL PROPERTY REPORTS

Further to our blog last year introducing the requirement of Real Property Reports (RPR) in real estate transactions in Alberta (not required with most condo sales), we return to this topic to discuss the question as to when an RPR has to be updated. The seller of a home is normally required to provide the…
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POWER OF ATTORNEY – DUTY TO ACCOUNT

An Enduring Power of Attorney (EPA) is a legal document used to empower someone to make financial and property decisions on your behalf should you become mentally incapacitated or infirm. Your Attorney (this does not mean lawyer) has a fiduciary duty of loyalty to the person that created the EPA (the Donor). All decisions have…
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Real Estate -Surface Rights and Mineral Rights

On most Land Titles in Alberta we see a notation like this attached to the Legal Description: “EXCEPTING THEREOUT ALL MINES AND MINERALS AND THE RIGHT TO WORK SAME”. If I return to my introductory Property Law courses, I can explain what this means. Land refers not only to the surface, but extends down also…
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GST ON A SUBSTANTIALLY RENOVATED HOME

It is well understood that GST is not payable in the purchase of used residential housing. GST is payable on the purchase of a newly constructed or substantially renovated residential home. The GST tax rate is 5%, subject to rebates. I will talk about the GST rebate in next month’s blog. A client recently asked…
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