Changing ownership of a piece of land or property in Alberta involves a precise and regulated process known as a land title transfer. Whether you’re transferring property between family members, removing a co-signer, or making changes due to marriage or divorce, understanding the steps involved in this land transfer process is crucial. In this blog, we’ll guide you through the essential aspects of land title transfers in Alberta, helping you navigate the intricacies and ensuring a smooth transition of ownership.

Changing Ownership: The Process

Step 1: Fill Out the Required Form for land title ownership transfer

The journey to changing land title ownership (transfer of land) in Alberta begins with paperwork. You must complete the necessary forms to initiate the transfer. These documents provide crucial information about the property and the individuals involved in the transfer.

Step 2: Submit the Form and Documents

Once the forms are filled out correctly, it’s time to submit them along with any supporting documents to the appropriate authorities. These documents will be reviewed and processed to ensure the transfer complies with all legal requirements.

Understanding the Cost of Transferring Land Title in Alberta

The cost of transferring land title in Alberta is governed by the Land Titles Act and is regulated by the Alberta Land Titles Office. While some refer to this transfer of land process as changing names on the title, it is essential to distinguish between a simple name change and a complete land title transfer.

  • Changing Name on Title: This involves updating your own name on the property title due to personal reasons, such as marriage or divorce. It incurs lower fees, primarily associated with updating your information.
  • Transfer of Land Title: A land title transfer is a comprehensive process that goes beyond a name change. It typically includes a transfer of ownership rights between parties. This process encompasses a range of scenarios, including property transfers between friends, family members, or the removal of a co-signer.

How is Changing a Name on Title Different from Buying or Selling Land?

Changing a name on a property title or performing a land title transfer differs significantly from the complex procedures involved in buying or selling land. Buying or selling property typically includes numerous additional steps and considerations:

  • New mortgages
  • Fund transfers
  • Adjustments for taxes and fees
  • Discharging existing mortgages
  • Real property reports for houses
  • Estoppel certificates for condos
  • Legal reviews and documentation

In contrast, a land title transfer typically involves the direct transfer of ownership rights between individuals, often without an exchange of money. This process is commonly used for scenarios like removing a co-signer, adding family members, or adjusting ownership rights within a family unit.

What’s Included in Our Flat Rate Land Transfer Fees

At Passgo, we are committed to providing transparent and reasonable flat-rate fees for land title transfers in Alberta. Our comprehensive fee covers various essential services, including:

  • Drafting the Land Title Transfer of Land
  • Preparation of the Affidavit of Value for Land Titles fees
  • Drafting the Affidavit of Execution for Transfer of Land
  • Witnessing and commissioning the transfer of land when signed in our Calgary office (a fee may apply for signings outside Calgary)
  • Dower consent document and signing on the transfer of land (if needed)
  • All courier services to and from the Land Titles Office
  • All registration fees for the cost of transferring land title in Alberta
  • Emailing or mailing a copy of the land title once the updated title is received.

What’s Not Included in the Cost of Changing Names on Title

The cost of transferring land title in Alberta is directly linked to the property’s value. The following table provides an overview of the fees associated with land title transfers:

While our flat-rate fee is comprehensive, some situations may incur additional costs. It’s essential to consult with us to determine if any extra fees apply. Examples of scenarios that might increase the cost of transferring land in Alberta include:

  • Transfer of land for a person who lacks mental capacity.
  • Changing the title of land belonging to a deceased person before probate
  • Transferring property with spousal consent requirements unmet
  • Costs associated with signing documents outside our office.
  • Real estate sales or purchases
  • Specialized services such as tax planning or corporate transfers
  • Cost of Adding or Removing a Name from Title in Alberta

Whether you’re adding, changing, or removing a name from the title in Alberta, the associated land title transfer costs remain the same. The fees for transferring land title in Alberta do not increase with multiple name changes in a single transfer.

Important Reminder for Changing Names on Property in Alberta

Most mortgage companies include a “due on sale” clause in their mortgage agreements. If you have a mortgage on your property and intend to change the names on the title, it’s vital to obtain permission from your lender beforehand. Failing to do so could lead to your lender calling in the mortgage loan, potentially resulting in financial penalties.

When it comes to changing names on property titles or transferring land ownership, it’s advisable to seek legal assistance. At Passgo, we offer efficient and cost-effective services to help facilitate these processes. We can often prepare transfer documents for new land ownership on the same day or the next day if needed.

What Calgary Land Title Change Lawyers Do

Changing land title (transfer of land) ownership can be driven by various reasons, and when you engage Calgary lawyers for this process, they follow a structured approach:

  1. Land Title Search: Lawyers initiate the process by conducting a land title search to verify property ownership and any existing mortgages on the property.
  2. Document Drafting: Next, lawyers draft the necessary transfer documents, ensuring that all legal requirements are met.
  3. Signing with You: Lawyers work closely with you to sign the change of ownership paperwork accurately.
  4. Submission to Land Titles Office: Once all documents are in order, lawyers submit the transfer of land to the Alberta Land Titles Office for registration.

Changing a Name on Property is Different from Buying or Selling Real Estate

It’s essential to recognize that transferring land in Alberta differs significantly from the complexities of buying or selling real estate. A transfer of title is generally less intricate and less expensive. It primarily involves changing names on the title without requiring a monetary exchange. This process is often used for scenarios like adding family members to the title or removing ex-spouses or co-signers.

Changing Ownership with a Mortgage and Updating Name on Land Title

If your property has an existing mortgage, and you intend to add or remove a name from the property title, it’s crucial to obtain approval from your lender. Many mortgage agreements include a “due on sale” clause, which necessitates the lender’s consent for any land title transfers (land transfer). Failure to secure this approval may result in mortgage contract breaches and associated penalties, including the potential demand for immediate loan repayment.

If your objective is solely to update a name on the land title due to reasons such as correcting typos, adding a middle name, or reflecting a new last name after marriage, this process is generally simpler and more cost-effective.

Conclusion

At Passgo Real Estate Law, we prioritize client satisfaction and provide practical and honest guidance for transferring land titles in Alberta. Our efficient preparation of transfer documents and prompt registration services ensure a seamless process. We offer reasonable legal fees with flat rates for land title transfers, ensuring transparency in cost expectations.