Title Definition
Quite simply, a title on the property will identify the legal owner of the property.
There are 3 common types of land ownership including:
- Sole-Ownership
- Tenancy-in-Common
- Joint-Tenancy.
What are the differences? Sole-ownership, as the name implies, means that either a person or a company is the sole owner of the land. Read carefully, there is only one owner and should they pass away, the land will fall to their estate (assuming proper arrangements have been made) or the province.
Tenancy-in-common and joint tenancy mean there are two (2) or more owners, but each has different arrangements should one of the owners pass away.
Under Tenancy-in-Common, just as with Sole-Ownership, the owner’s title will go to the owner’s estate whereas joint-tenancy arrangements will have the right of survivorship. This means that should one of the owners pass away, the share is split between the remaining owners.
Provincial Considerations
In Alberta, title transfers automatically assume that the arrangement will be tenancy-in-common unless otherwise specified on the transfer documents.
In Saskatchewan, the land transfer process has been broken down here on the ISC Website.
In British Columbia the process is much the same with Alberta and Saskatchewan, but the primary concern is the land transfer tax which is 1% on the first $200,000 and 2% on the remaining amount.
The process of transferring title is handled by a lawyer or notary public who can provide conveyancing services. A lawyer may be a better choice as they can advise on most aspects of the process and risks involved with current succession plans and sales as well as preparing legal instruments (ie. contracts, wills, etc.).
If you want to learn more about home ownership and the process of transfering a title, please contact us anytime!