The Deed of Absolute Sale of Unregistered Land is a crucial document in Canadian real estate transactions involving land that hasn't been formally registered in the provincial land registry system. This type of deed is particularly common in rural areas, newly developed regions, or areas with historical land ownership patterns. The document must include comprehensive property descriptions, clear ownership transfer terms, and specific provisions addressing the land's unregistered status. It's essential for establishing clear title and facilitating future registration of the property. The deed must comply with provincial property laws and often requires additional documentation compared to regular land transfers. Special consideration must be given to potential Indigenous land claims, environmental issues, and historical ownership verification. This document type is particularly important in provinces where significant portions of land remain unregistered or where land registration systems are transitioning.
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1. Parties: Identification of the Vendor and Purchaser with complete legal names and addresses
2. Background: Context of the sale, including brief history of ownership and current status of the land
3. Definitions: Key terms used throughout the deed, including property description, completion date, and other relevant terminology
4. Property Description: Detailed description of the unregistered land including boundaries, measurements, and location
5. Consideration: Purchase price and payment terms for the property
6. Transfer of Title: Clear statement of the absolute and irrevocable transfer of ownership from vendor to purchaser
7. Vendor's Representations and Warranties: Declarations regarding ownership, right to sell, absence of encumbrances, and other property-related warranties
8. Vendor's Covenants: Promises regarding cooperation with future registration, delivery of necessary documents, and other obligations
9. Purchaser's Acknowledgments: Confirmations regarding property inspection, acceptance of current state, and understanding of unregistered status
10. Possession and Risk: Terms regarding transfer of possession and assumption of risk for the property
11. Execution Requirements: Formal requirements for proper execution of the deed
12. Governing Law: Specification of applicable Canadian provincial law
1. Indigenous Rights Declaration: Required if the land is near or potentially affected by First Nations claims or rights
2. Environmental Warranties: Added when there are specific environmental concerns or previous land use issues
3. Survey Requirements: Included when a new survey is required for future registration
4. Access Rights: Necessary when the property requires easements or right-of-way agreements
5. Registration Undertaking: Added when specific steps for future registration are agreed upon
6. Tax Indemnity: Included when there are outstanding tax issues or special tax considerations
7. Third Party Rights: Required when there are existing tenants or other third-party interests
8. Mineral Rights: Necessary when mineral rights are included or specifically excluded from the sale
1. Schedule A - Property Description: Detailed metes and bounds description or survey details of the property
2. Schedule B - Permitted Encumbrances: List of any accepted encumbrances or limitations on the property
3. Schedule C - Historical Documentation: Copies of historical documents proving chain of ownership
4. Schedule D - Property Map: Visual representation of the property boundaries and location
5. Schedule E - Environmental Reports: Any existing environmental assessments or reports
6. Appendix 1 - Supporting Affidavits: Sworn statements supporting ownership claims or property history
7. Appendix 2 - Tax Certificates: Current tax status and payment history for the property
8. Appendix 3 - Registration Requirements: Checklist of documents required for future registration
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Relevant Teams
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