Signing Documents (Alberta)

There are a number of documents which must be created and signed respecting every purchase and sale of real estate in Alberta. Some of the documents are for internal use or are documents that are for the Buyer, Seller and the Lender only.

There are, however, documents which must be registered at the Land Title Office. Most of these documents must be prepared on Forms approved by the Land Title Office and more importantly for us, they must be executed (signed) properly or they will be rejected by the Land Title Office.

Below, we will set out the MANDATORY DOCUMENTS required by the Land Title Office and indicate what is required to execute these documents correctly so that they will be accepted at the Land Title Office. If the following is not clear to you and you have questions respecting executing a particular document, please Contact My Office. We recommend you email or fax us a copy of the signed documents, BEFORE YOU RETURN THE DOCUMENTS TO STEWART LAW GROUP, so that we can review them to ensure they are signed correctly.

NOTE: All documents should be reviewed for accuracy, however they should be correct.  If you believe there is an error, please contact us before you make any changes.  If changes are necessary, we will advise you how they should be done. If you require further information, please contact Stewart Law Group.

PLEASE NOTE

1. IF YOU ARE EXECUTING DOCUMENTS BY WAY OF POWER OF ATTORNEY, PLEASE REVIEW POWER OF ATTORNEY SECTION
2. IF SIGNING FOR A CORPORATION, CLICK HERE

TRANSFER OF LAND

The Transfer of Land is obviously an important document as this is the document the Seller signs indicating agreement to convey the land described therein to the Buyer. Please Click Here to see an example.

There are four (4) places on the Transfer of Land which need completion:

1. Date – please insert the number of the date. If the “month” has been left   blank, please insert, in words, the month.

2. Signature – on the right hand side of the Transfer, please sign on the signature line with your normal signature.

3. Witness – the witness to your signature signs on the left hand side of the Transfer. The witness does not have to be a Lawyer, Notary or anyone with an official office. The witness cannot be a party to the document nor a spouse who is consenting respecting Dower rights.

4. Residency Certificate – if you are a resident of Canada, then you sign on the signature line. If you are NOT A RESIDENT, do not sign the signature line and please call us. Please ensure that we are aware that you are a Non-Resident as we will be obliged to withhold some of the sale proceeds from you until a Clearance Certificate is obtained. Please Click Here to learn more about Non-Resident Sellers.

Click Here to read the pages from the Alberta Land Title Manual on Transfers of Land.

AFFIDAVIT OF EXECUTION

The Affidavit of Execution is where the witness in the Transfer of Land swears that he saw the Seller sign the Transfer of Land. PLEASE NOTE: If there is more than one witness, then each witness must complete an Affidavit of Execution. Click Here to see an example. The Affidavit of Execution needs to be completed in three (3) places: (Click here to download)

1. Witness’s Name – must be PRINTED at the top of form. The witness cannot be a party to the document nor a spouse with Dower rights.

2. Witness’s Signature – the Witness must sign on the line indicated.

3. “Sworn Before Me …” – is the “Official” before whom the witness swears as to the correctness of the Affidavit of Execution. Before whom the witness can swear depends upon where the Affidavit of Execution is being sworn.

1. Sworn Within Alberta:   Normally, this would be before a Commissioner for Oaths in Alberta, Lawyer or Notary Public. The Official must sign and legibly print or stamp his name below his signature. Although it doesn’t appear to be mandatory, it is good practice for the Official to “use his stamp” which should include his address and official title. Click Here to read detailed instructions from the Alberta Land Title Manual on Affidavits sworn within Alberta.

1. Sworn Outside of Alberta: Generally, Affidavits sworn outside of Alberta, but within Canada, must be before a Notary or a Lawyer. If you are swearing an Affidavit OUTSIDE OF CANADA, please Click Here and Review these detailed instructions from the Alberta Land Title Manual as to other “Officials” before whom you can swear the Affidavit.

AFFIDAVIT OF TRANSFEREE

The Affidavit of Value is signed and sworn to by the “Transferee” (Buyer). This is where the Buyer swears as to the value of the property being purchased and is basis upon which registration fees are paid. In a normal transaction, this would be completed by the Buyer AFTER the Seller has signed the Transfer of Land, Affidavit of Execution and applicable Dower Act document. Click Here for an example. The Affidavit of Transferee needs to be executed in four (4) places:

1. Transferee’s Name – must be PRINTED at the top of form.

2. Transferee’s Signature – the Buyer must sign on the line indicated.

3. Paragraph 2 Consideration – in Paragraph 2, the Buyer must indicate how they are paying for the property, i.e.. Cash or Cash and Mortgage or Cash and 2006 Porsche Carrera 4. For more information on this, Click Here to review the section in Transfer of Land on this issue.

4. “Sworn Before Me …” – is the “Official” before whom the witness swears as to the correctness of the Affidavit of Execution. Before whom the witness can swear depends upon where the Affidavit of Execution is being sworn.
5. a) Sworn Within Alberta:   Normally, this would be before a Commissioner for Oaths in Alberta, Lawyer or Notary Public. The Official must sign and legibly print or stamp his name below his signature. Although it doesn’t appear to be mandatory, it is good practice for the Official to “use his stamp” which should include his address and official title. Click Here to read detailed instructions from the Alberta Land Title Manual on Affidavits sworn within Alberta.

1. b) Sworn Outside of Alberta: Generally, Affidavits sworn outside of Alberta, but within Canada, must be before a Notary or a Lawyer. If you are swearing an Affidavit OUTSIDE OF CANADA, please Click Here and Review these pages from the Alberta Land Title Manual as to other “Officials” before whom you can swear the Affidavit.

DOWER ACT

In most purchases and sales, the Dower Act needs to be complied with, unless both husband and wife are registered on title. We will provide the correct Form to be completed, based upon what you have told us. If Dower Act compliance is needed, the appropriate Form will need to be executed in the same manner as set out in the Affidavit of Execution section set out above. To read more about the Dower Act, Click Here.

MORTGAGE DOCUMENTS

If you are borrowing money from a Lender, there will be a number of documents which will need to be signed by you. The Mortgage is the only document we really are concerned with regarding proper execution as it must ultimately be registered at the Land Title Office.

You will see which areas of the Mortgage documents need to be completed based upon the which sections we have completed. The Mortgage is completed similarly to the Transfer of Land and Affidavit of Execution above. For instance, there will be a line for you to sign your name and also a line for witness to sign. There is also an Affidavit of Execution to be completed in the same manner as set out above. Also, there may be a Dower Affidavit to complete.   Please follow the instructions set out above. If you require further information, please contact Stewart Law Group.

POWER OF ATTORNEY

A Power of Attorney is a document whereby the Donor grants the right to the Attorney to do what is set out in the Power of Attorney.

The format for an Attorney to sign is as follows:

_____________________________________________

“Bob Smith, by his Attorney, Mary Smith pursuant to

a Power of Attorney dated May 1, 2015”

The Attorney signs her own name, NOT the name of the Donor. So, if Bob Smith granted a Power of Attorney to Mary Smith, then when Mary Smith signs a document on behalf of Bob Smith, she would sign the document with her own name.

The Affidavit of Execution is completed in the normal manner by the witness, except that the Affidavit will have been changed by my Office to reflect that an Attorney signed the document.

Assuming we know that documents are being executed under a Power of Attorney, we will want to see the Power of Attorney to ensure it is registered at the Land Title Office or is capable of registration and to ensure the Attorney has the necessary power to deal with real estate. We will then set up the documents in a format to be executed by the Attorney.

To read more about the Land Title Office procedures respecting General and Specific Powers of Attorney CLICK HERE.

The Land Title Office also allows the filing of Enduring Powers of Attorney which basically is a form of Power of Attorney that does not cease to be effective when the Donor becomes mentally incapacitated. CLICK HERE to read more details respecting Enduring Powers of Attorney.

Stewart Law Group is pleased to prepare a Power of Attorney for you should the need arise. If you require further information, please contact us.

CORPORATIONS

When a Corporation is executing documents, it must either:

1. sign the document and affix it’s Corporate Seal to the document, OR
2. swear an Affidavit Verifying Corporate Signing Authority confirming the the Officer or Director signing the document has the authority to do so without affixing the Corporate Seal AND complete an Affidavit of Execution.

RESPECTING GETTING ALL OF THE FOREGOING DOCUMENTS EXECUTED PROPERLY, IT IS BEST TO GET IT DONE CORRECTLY THE FIRST TIME VERSUS HAVING TO SEND THEM BACK TO YOU TO BE DONE AGAIN AND POSSIBLY AFFECTING THE PURCHASE AND SALE. If you require further information, please contact Stewart Law Group..