Real estate transactions almost always require a current Real Property Report (RPR).
An RPR is a legal document an Alberta Land Surveyor prepares. It’s basically a high level drawing of the property, the boundaries, and the buildings and structures on it, so buyers know exactly what they’re buying.
The standard seller representation agreement used in Alberta requires sellers to provide a current RPR to the buyer, unless otherwise agreed to by the buyer. In most transactions, a buyer’s lender and lawyer require a current RPR to complete the transaction.
A current RPR allows everyone involved to know if there are any issues with encroachment, easements or non-compliance with municipal bylaws.
An RPR contains:
- legal description and municipal address of the property
- date of land title search and date RPR was done
- Certificate of Title (land title) number and names of registered owner(s)
- location and description of all buildings and structures (e.g. decks, fences) with dimensions, directions and distances from the property boundaries
- location and dimensions of any visible encroachments (i.e. buildings or structures that are too close or even beyond the property line)
- designation of adjacent properties, roads, lanes
- evidence of municipal compliance (i.e. the RPR has been reviewed by your municipality and adheres to all municipal bylaws and regulations. They usually stamp and date compliance directly on the RPR)
- illustrations of any easements that affect the property (an easement is an agreement between the property owner and some other party (usually your municipal authority or utility) for them to utilize part of your property as needed)
- Certified Land Surveyor’s duly signed certification and opinion on any concerns
- copyright of the RPR to the land survey company
If you have an existing RPR, you can sign a Statutory Declaration or Affidavit stating the existing RPR is accurate and the property hasn’t changed since the RPR was prepared.
If there have been changes, you can contact the surveyor to see if they can update the existing RPR. If there have been changes, only an updated RPR with a compliance stamp can confirm the property complies with municipal regulations.
Title insurance works like a standard insurance policy. It protects against future discoveries about a property, some title-related and some non-title-related. It is a form of indemnity insurance for a mortgaged property that covers the loss of an interest in a property due to discovered legal defects.
As an insurance product, title insurance doesn’t “fix” problems. It provides insurance coverage for them. In other words, the title insurer has no obligation to do anything until a problem actually arises. When a problem does arise, the insurer can pay damages or actually fix the problem.
- can cover future title fraud (i.e. if through fraudulent transactions and paperwork, someone loses title to a property they legally own – title insurance can assist in getting title back)
- can provide “gap coverage” to buyers and borrowers, which protects their interests when a transaction is closing. There is often a gap of several days between the submission of the land transfer or the mortgage document to the Land Titles Office and the registration of these interests on title. Lawyers cannot release mortgage funds to a seller until registration is complete and the title shows no intervening registrations. A borrower can arrange a title insurance policy quickly and it takes effect on the date of issue. It assures the state of the title at date of registration of the land transfer (real estate trade) or loan document (mortgage deal)
- may cover deficiencies that would not show on a RPR such as unregistered utility easements or builders liens or matters that would be shown by non-Land Titles searches such as deficient corporate status
- may cover hidden deficiencies such as underground storage tanks or underground septic tanks. Sometimes coverage will include known defects, for example a fence in the wrong location or a deck that is too big for the property
Title insurance operates on a no-fault basis. No-fault insurance is when the insurance company indemnifies the policy holder for losses, regardless of fault in the incident.
For more information on RPR's or Title Insurance visit Real Property Reports vs Title Insurance.
If a structure encroaches on adjoining property, you and the adjoining owner may enter into an encroachment agreement. In order to do so, the owner of the other property has to agree to allow the encroachment. The parties register the agreement on their property titles. If the adjoining owner doesn’t agree, you may have to remove the encroaching structure. For more information visit City of Edmonton Encroachments.
Municipal compliance stamps confirm that property improvements comply with their Bylaws and Regulations. It does not mean the building’s use complies with their Land Use Bylaws, easements, covenants, legislation, or other requirements affecting land or buildings. Some municipalities refer to the stamp as a Certificate of Compliance. For more information visit City of Edmonton Compliance Certificate.
- 2020 Fees effective January 1, 2020
Regular Service $136
Express Service $269
Leave as Built
Leave as Built is a confirmation by the City that applies to buildings that have had the appropriate development permits issued but the actual building has been built in a different location than what was approved. For more information visit City of Edmonton Leave as Built.
Effective January 1, 2020
For a single detached house, semi-detached house or duplex: $170
For an accessory building (includes garage, carport, shed, gazebo, and uncovered deck): $114
The City will provide a zoning confirmation letter, upon receiving an application, which will verify the property's zoning. For more information visit City of Edmonton Zoning Letter.
- The 2020 zoning confirmation fee is $114, effective January 1, 2020.
Don't know what permits have been pulled for your property?
A City of Edmonton search of records is used to retrieve filed information or plans relating to the construction and development of a property. For more informartion visit City of Edmonton Search For Records
- 2020 Application Fee, effective January 1, 2020: $112 per Titled Lot Search