What does a real estate lawyer do on closing day in Alberta?
This answer covers the law of Alberta.
On closing day, the transfer and any mortgage are registered at Land Titles, because registration, not signing alone, is what transfers or charges the interest. A purchase is completed by registering an Application for Transfer of Land (form LTS14766), and a mortgage is registered on the mortgage form.
Documents signed in Alberta must be witnessed by someone who signs as witness and makes an affidavit in the prescribed form, and a lawyer's office usually arranges this. If a document is signed outside Alberta, one witness must appear before a listed official such as a judge, commissioner or notary. Fees must be paid at submission, so a lawyer's trust account usually handles them, and for transfers and mortgages the levy is $5 per $5,000 of property value.
Prompt registration matters because priority between documents on the same land follows the serial number given on registration, not the signing date. When keys are released and when funds move depend on your contract and your lawyer's process, so confirm the timing with your lawyer before possession day. Ask ahead what you need to bring and sign, whether you are the buyer or the seller.
Key takeaways
- Registering the transfer at Land Titles, not signing alone, is what moves ownership.
- A purchase is completed by registering form LTS14766, and a mortgage is registered on the mortgage form.
- Documents signed in Alberta must be witnessed with an affidavit, which a lawyer's office usually arranges.
- The timing of key release and fund transfers depends on your contract, so confirm it with your lawyer.