Why Does a Lawyer Search Title Before You Buy a House in Alberta?

This answer covers the law of Alberta.

Checking title before you buy matters because, in Alberta, a certificate of title is conclusive proof in all courts that the named person owns the land for the estate stated. A search shows the current owner, mortgages, caveats, easements, builders' liens and other registered interests. It is ordered through SPIN2 or a registry agent, using a legal description, LINC number or title number.

Checking matters because registration, not signing alone, transfers or charges an interest, and priority is set by the serial number assigned on registration. The conclusive effect has exceptions, including fraud in which the owner took part, certain reservations, prior certificates and wrong boundary descriptions. A buyer or lender is protected where the transferor was registered through fraud or error only if they made all reasonable efforts to confirm the transferor is the registered owner. Claims against the Registrar need 3 months' written notice and generally must start within 6 years, and payments are capped.

Generally only Law Society of Alberta members give legal advice, with exceptions such as articling students. Still, Alberta's Land Titles page on registering documents only suggests legal advice and does not say a lawyer is mandatory. Lender requirements are practical, not statutory, so confirm them with your lender.