Common Questions - Land Titles
For additional questions, you may contact our technical help line at 780-427-2742 in Edmonton or 403-297-6300 in Calgary.
Click on a below question to see its answer.
1. What are the fees for registering my documents?
2. What type of payment is accepted at the Land Titles office?
For customers who use Land Titles services regularly, they may wish to apply for a Land Titles charge account by calling 780-422-7812 or 780-422-1761 in Edmonton or 403-297-6534 in Calgary.
3. Can I prepare my own documents for registration?
Although many of the documents appear to be simple to complete, their registration can, and often does, carry very different legal implications and obligations to all parties to the document. Therefore, if you are unfamiliar with land law and real estate transactions, it may be in your best interest to seek professional advice and assistance when dealing with real property.
4. I have paid my mortgage off, how do I remove it from my title?
5. What are the different types of land ownership?
- Sole Ownership - either a person or a registered company is the sole owner of the land
- Tenancy-in-Common - in this type of ownership there are two or more owners called tenants-in-common; when a tenant-in-common dies, that person's share in the land goes to his or her estate, not automatically to the other co-owner(s)
- Joint Tenancy - this type of ownership also involves two or more owners but each owner has the right of survivorship; when one owner dies, that person's interest automatically passes to the other owner(s)
If you wish to become a joint tenant you must specify this on the transfer document, otherwise, you will automatically become a tenant-in-common.
6. One of the registered owners has died, how can their name be removed from the title?
- If it is a Joint Tenancy ownership, a statutory declaration may be completed by the surviving joint tenant or some other party who is able to declare the necessary facts (Note: The declaration must be accompanied by an original death certificate issued by the Vital Statistics Registry, Medical Examiner's certificate, funeral director's certificate, cremation certificate or by a comparable authority if the death occurred outside Alberta. The original death certificate will be returned to you.)
- If it is a Tenants-in-Common ownership or Sole Ownership an Application for Transmission on Death form may be completed (Note: An original or court certified copy of the Grant of Probate or Letters of Administration under seal of the Surrogate Court of Alberta must be attached to the application. A notarized copy or photocopy is unacceptable. If it is issued from a court in a jurisdiction other than Alberta, it must be re-sealed by the Surrogate Court of Alberta.)
7. How do I change ownership of title?
8. Do I require my spouse's consent in order to dispose of an interest in my property?
If you are married and wish to dispose of an interest, you must first obtain your spouse's consent or obtain an order of the Court of Queen's Bench of Alberta which allows you to dispose of your interest in land without your spouse's consent.
9. What is the difference between a Title Search, Copy of Title or a Certified Copy of Title?
To obtain a title search you must know the legal description, Land Identification Number Code (LINC number) or the title number for the property you want to search. Generally, a title cannot be searched by municipal address, however some registry agents have the ability to search by address through the Alberta Registries Spatial Information System, SPIN 2 or the Registry Agent Network. Consult your Yellow Pages directory or call 310-0000, and then dial 780-427-7013 to locate a Registry Agent in your area.
10. Where do I send my documents to?
11. Who can file a builders' lien?
Builders Liens in respect of an improvement to an oil or gas well, or to an oil or gas well site, for which the lien may be registered in the Land Titles Office no later than 90 days from the last day that the work was completed or the materials were last furnished is also acceptable.
The time limit is within 45 days of when the work was completed or the materials were last furnished. The lien must be for a minimum amount of $300.
You must know the legal description of the property and complete a Statement of Lien form, which is available from the Land Titles office. The completed form along with the prescribed fees can be submitted to Land Titles for registration. A builders' lien against untitled minerals can only be registered with the Minister of Resource Development.
12. Where can I get a copy of a Real Property Report?
Visit Alberta Land Surveyors Association website (external site) or see your local Yellow Pages directory under Surveyors - Alberta Land for the names of registered land surveyors working in your area.
13. Where can I get copies of aerial photos?
14. Where do I get a Certificate of Incorporation for a condominium corporation?
The Companies Act and the Business Corporation Act do not apply to a condominium corporation. A copy of a plan and a copy of the additional sheet are sufficient to prove the formation of the corporation.
15. Where do I get a copy of the registered condominium by-laws?
Copies of registered change of by-laws are available through the Alberta Registries Spatial Information System, SPIN 2, or the Registry Agent Network. Consult your Yellow Pages directory or call 310-0000, and then dial 780-427-7013 to locate a Registry Agent in your area. To determine if a change of by-laws has been registered, use the condominium plan number to search the condominium additional plan sheet.
16. How do I go about subdividing my land?
17. I have multiple lots in my title. Do I need subdivision approval to issue separate titles for each lot?
18. How do I consolidate two or more lots on one title?
- By registering a Consolidation of Title form, a Certificate of Title can be issued with all the lots in one title (e.g., Plan 9520001, Block 1, Lots 1 to 3) (Note: You must remember that if you change your mind and want separate titles later, subdivision approval is required if the plan was registered prior to July 1, 1950. This method only applies if the lots are in the same plan and block. If not, see method number three.)
- You may apply to the municipality for a by-law authorizing Land Titles to cancel the lots and create a new lot (Note: The effect of the by-law is to delete the dividing line between the lots and make it into one parcel. This method only applies if the lots are in the same plan and block. If not, see method number three.)
- You may have an Alberta Land Surveyor prepare a plan of survey or descriptive plan of survey consolidating the lots (Note: For this method, the lots may be on the same plan or different plans, and may include an unsubdivided parcel, closed roads, etc.)
Check with your municipality as to the best method to achieve your objective.