Real Estate Lawyers in Belleville, Ontario: What They Handle

Whether you live in Belleville, Trenton, Prince Edward County or a rural township nearby, a purchase, sale or refinance follows the same Ontario steps. What changes from property to property is the detail: an older farm with unclear fences, a cottage owned by several family members, or a rental house being sold with tenants.

This article explains what a real estate lawyer does, who signs what, where Hastings property is registered, and which rural and family issues come up. It is general information, and your own facts may change the answer.

What a real estate lawyer handles

Lawyers are central to Ontario real estate because registration depends on them. Only a lawyer can sign for completeness an electronic registration document requiring compliance-with-law statements, and non-lawyers may sign such documents for release only. A paralegal, notary or title company therefore cannot register a transfer or mortgage on their own.

A lawyer may delegate routine work to non-lawyers but may not delegate reviewing the title search report or documents before signing, signing a requisition letter or title opinion, or signing the reporting letter to the client.

Registration in Hastings and who signs

The Hastings Land Registry Office is LRO 21, at Century Place, 109-199 Front Street, Belleville. Registration falls under the Land Titles Act or the Registry Act. Ontario's land registry services are online only, so documents are registered electronically by your lawyer.

On the electronic system, most transfer of title documents require two different lawyers to sign for completeness. One lawyer may sign alone in limited cases, such as estate-trustee-to-beneficiary transfers or certain related-party transfers. A lawyer shall not act for both transferor and transferee, although a firm of two or more lawyers may act for both if different lawyers in the firm represent each party.

Closing costs, timing and money

Funds for closing and for mortgage proceeds go through the lawyer's trust account under Law Society of Ontario By-Law 9. For electronic trust transfers on closing, By-Law 9 requires a Form 9A before the transfer and a Form 9C signed by a person with signing authority.

Exact closing dates come from your agreement of purchase and sale, and how long a refinance takes depends on your lender and the file. Ask your lawyer early what documents and funds they will need so a missing item does not delay the closing.

Budget for land transfer tax on a purchase. Ontario's rates for agreements after November 14, 2016 are 0.5% to $55,000, 1.0% from $55,000 to $250,000, 1.5% from $250,000 to $400,000 and 2.0% above $400,000, with 2.5% above $2,000,000 for land with one or two single family residences. The Non-Resident Speculation Tax is 25% and applies in addition.

Rural, family and rental property issues

• Fences: adjoining owners can ask the municipality for fence-viewers when no fence exists or one needs repair. This decides how fencing work is divided, not where the boundary is.
• Boundaries: a Boundaries Act application needs a new survey from an Ontario Land Surveyor. Objections are generally due within 30 days of notice, the onus of proof is on the applicant, and appeals go to the Superior Court within 30 days.
• Co-owners who disagree: when several people own a property together and disagree about keeping or selling it, the options can be complicated. How this applies depends on your situation, so it is worth confirming with a lawyer.
• Power of attorney: the attorney need not be a lawyer, the grantor must be 18 or older and mentally capable, and the attorney can usually act right away unless the document says it takes effect only on incapacity. Registering a document under a power of attorney requires a law statement and the lawyer must review the power of attorney with the client and the attorney.
• Tenants: if a landlord has signed an agreement of purchase and sale for a property with no more than 3 residential units, Form N12 can be served when the purchaser in good faith requires the unit for residential occupation. The notice must give at least 60 days.

A seller must disclose latent defects, meaning defects that make a property unfit for habitation, dangerous or potentially dangerous, and must not conceal visible ones. Buyers are expected to do their own inspections before waiving conditions.

What to do next

• Contact a lawyer as soon as you have an accepted offer, or before listing if you are selling.
• Gather the agreement, any survey, the mortgage statement and ID.
• Tell the lawyer about co-owners, a power of attorney, tenants or boundary concerns.
• Ask what funds are needed in trust and when.
• If you sell, remember CRA requires the sale of real property to be reported, including a principal residence.

Frequently asked questions