Real Property Comparison Tables

HELPING LAWYERS UNDERSTAND REAL ESTATE LAW ACROSS CANADA

The information in this toolkit helps lawyers across the country understand the differences and similarities in provincial real estate laws. There are two ways to find the information: 1) search by question to see each province’s answer, and 2) search by province to see its answers to each question. 

The information has been provided by practitioners in each province. This table provides an overview of the information obtained to date. If you see any matter requiring clarification or updating or wish to contribute to this resource, please contact cbarealproperty@cba.org.

Information by topic

1. Under which legislation is the registration system governed?

2. Can title to property be obtained by advserse possession over a period of time?

3. What is the title search period?

4. Is there a standard APS used for most transactions or is it tailored for each property?  Who generally prepares the agreement?

5. How is a search of title conducted?  How is registration completed?

6. How are surveys part of the transaction?

7. How can property be held?

8. What is the registration process?

9. Is there a land transfer tax applicable to the usual transfer?  How is it known? How much? Are rebates available?

Information by Province

This information is intended for a national audience and is not exhaustive. While every effort has been made to ensure the information is accurate and updated regularly, you need to customize your legal advice and actions to your client’s case and jurisdiction.