Title Issues That Could Derail Your Edmonton Real Estate Purchase (And How to Prevent Them)

1. Title Issues That Could Derail Your Edmonton Real Estate Purchase (And How to Prevent Them)

2. Purchasing real estate is an involved and time-consuming process that also requires substantial financial commitment. As high-value, high-importance purchases, buyers should take care to anticipate potential issues and how to navigate them. For example, property inspections are an integral part of the buying process to keep buyers fully informed. There are other issues, however, that could derail your purchase. A real estate lawyer in Edmonton can be a valuable resource to help you avoid such pitfalls. What are some of the most common issues that Edmonton real estate lawyers encounter? Issues related to the title and the property itself are frequent issues that can collapse sales. Let’s consider some of these concerns and explore what you should know.

3. Understanding Liens Liens are common issues that can complicate sales. A lien is a legal claim registered on the title of a property, often arising from unpaid debt owed by the property owner. Mortgages are a type of voluntary lien, but a property may carry involuntary liens that can foil a sale. It is the seller’s responsibility to resolve the lien, and buyers cannot receive a clear title until the lien is removed. Some involuntary liens may include: • Tax liens applied by the government due to nonpayment of owed taxes. • Builder’s liens applied by contractors or trades due to nonpayment for services rendered. • Court judgments may also place a lien against a property.

4. Without a clear title, the buyer won’t be able to move forward with financing, and if the seller cannot resolve the debts, the sale can’t proceed. About Boundary Disputes Disputes about real property boundaries are prevalent in Alberta. Understanding where the property begins or ends can prevent problems in the future. Over time, the perceived location of property lines can shift and deviate from official lines. Outdated surveys may not correctly record the current boundaries.

5. Similarly, previous owners may have erected new structures or fencing in locations that violate boundary lines. Such issues can lead to disputes later and create headaches for buyers who may not receive all the property they expected. To avoid such conflicts, you will be required to have either a Real Property Report with a compliance certificate or title insurance. The Risks of Encroachment Existing structures that cross the correct property line and extend onto a neighboring property are called encroachments. They could be the subject of future disputes. Understanding whether and where encroachments exist should be an early part of the buying process, as removing or modifying these structures later at your own cost can be expensive.

6. Working with a real estate lawyer in Edmonton after a boundary survey can help you decide what to do about these encroachments. In some cases, it’s possible to enter into a legal agreement with other neighbours regarding the infringement to avoid disputes. In others, you may need to work with the seller to resolve the issue. How Experienced Legal Help Makes Sales Smoother With experienced Edmonton real estate lawyers, buyers can understand and address title and boundary issues during a purchase. From comprehensive title searches to surveys, legal assistance helps you review critical information to keep the sale on track toward closing. Connect with our team today for friendly insight and support to protect your interests.