- Ownership changes only when the Application for Transfer of Land is registered at Land Titles, and if you borrow, the mortgage is registered as a charge on the land in the same way, because registration, not signing alone, is what transfers or charges the interest.
- An instrument signed in Alberta must be witnessed by a person who signs as witness and makes an affidavit in the prescribed form, and a lawyer's office usually arranges this at signing.
- Land Titles fees and the levy are required when documents are submitted, so a lawyer's trust account usually handles them.
A signing appointment can feel intimidating, especially if it is your first purchase. You are asked to sign several documents in a short time, and you may be unsure what each one does.
This article walks through what generally happens in Alberta, what to review beforehand, how funds fit in, and what happens after you leave. Details vary by transaction, so your lawyer's instructions come first.
This article covers the law of Alberta.
What you will sign
A purchase is completed by registering an Application for Transfer of Land (form LTS14766) at Land Titles, and a mortgage is registered on the mortgage form. The transfer moves ownership from one party to another, while the mortgage is a charge on the land that secures a loan between borrower and lender.
As the buyer, you may be asked to sign other papers your lawyer or lender requires, and signing alone does not complete the purchase until the documents are registered at Land Titles. Ask your lawyer to explain each document before you sign, including what happens if you do not meet its terms.
Witnessing and signing rules
An instrument signed in Alberta must be witnessed by a person who signs as witness and makes an affidavit in the prescribed form, and a lawyer's office usually arranges this at signing. If an instrument is signed outside Alberta, one witness must appear before a listed official, such as a judge, commissioner or notary, and make an affidavit in the prescribed form.
A person cannot witness an instrument if they are a party to it, or a spouse consenting to it under the Dower Act. If you cannot attend in person, or if you will sign elsewhere, tell your lawyer early so the witnessing is done properly.
What to review before and at the meeting
A mortgagor must execute a mortgage in the prescribed form or to the like effect, and it must accurately state the interest mortgaged and describe the land sufficiently to identify it. Errors can leave the lender's security defective. Lenders commonly use a standard form mortgage filed with the Registrar, and a mortgage that refers to the filed form's identifying number has the same effect as one setting out the full standard terms.
- Check that your name is spelled exactly as it should appear.
- Confirm the property description and civic address.
- Review the mortgage amount, interest rate, term and payment details with your lender's paperwork.
- Ask what the title search showed, such as mortgages, caveats, easements or builders' liens.
- Ask your lawyer what identification and other documents you should bring.
- Write down questions in advance and ask them before you sign.
If one lawyer is acting for both you and your lender, the lawyer must explain the advantages and disadvantages of a joint retainer and get your consent, and must be satisfied the arrangement serves each client. The lawyer must also warn you that information is not confidential between the clients and that the lawyer may have to withdraw if a conflict cannot be resolved. Where the likelihood of a conflict is high, the Law Society's practice guidance says joint retainers should not be accepted.
Funds and fees
Your lawyer will tell you how much you need to bring and in what form. Land Titles fees are required at the time of submission, and for submissions received on or after October 20, 2024, a Land Titles Registration Levy applies, set at $5 per $5,000 of property value for transfers of land and mortgages.
The Registrar will not perform a duty until the prescribed fees are received, so fees and levy must be paid at submission, and a lawyer's trust account usually handles them. Ask for a clear statement of the amounts and when they are due.
What happens after you leave
Signing does not finish the purchase. Once registered, an instrument becomes operative according to its tenor and intent, and registration, not signing alone, is what transfers or charges the interest. Priority between instruments affecting the same land is decided by the serial number assigned on registration, not the date of signing, so prompt registration of the transfer and mortgage protects the buyer and lender.
- Your lawyer submits the documents to Land Titles with the fees and levy.
- The documents are registered and the transfer and mortgage take effect.
- Your lawyer reports back and confirms when you can take possession.
- Keep copies of everything you signed.
Ask your lawyer to confirm the timing of possession and keys, because that depends on your contract and the closing arrangements.
Frequently asked questions
Do I sign the transfer as a buyer?
The transfer moves ownership from one party to another, and the mortgage is the charge securing your loan. Which documents you personally sign depends on your transaction, so ask your lawyer to list them before the appointment.
Who witnesses my signature?
An instrument signed in Alberta must be witnessed by a person who signs as witness and makes an affidavit in the prescribed form. A lawyer's office usually arranges this at signing.
When do I own the home?
Registration, not signing alone, is what transfers or charges the interest. Prompt registration also matters because priority is decided by serial number assigned on registration, not by signing date.
What if I notice an error in a document?
Say so before you sign.
Sources
- Alberta.ca – Register a land title document or plan — alberta.ca
- Land Titles Act, RSA 2000, c L-4 (King's Printer) — kings-printer.alberta.ca
- Law Society of Alberta Code of Conduct — documents.lawsociety.ab.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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A home purchase with us is from $1,242.95, tax included. Third-party fees are extra.