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Selling a Home: Transferring Clear Title

It will be a requirement of most Offers to Purchase that the seller transfers to the buyer title to the land, clear of all registered encumbrances, mortgages, liens, etc., with a few exceptions. As a result, your lawyer will conduct a search of the title upon opening their file to determine which registrations will remain…

Selling a Home: Real Estate Commission

If you have hired a real estate agent to help you with the sale of your home, you will be required as a term of your agreement with the agent, to pay real estate commission for their services. The real estate commission is usually payable as a percentage of the purchase price obtained for the…

Buying a Rental Property: Residential Tenancy Issues

In the event that you are purchasing a home where a tenant is living in the property and you do not intend to terminate the lease or to have the seller terminate the lease prior to the date of possession, we would advise that a buyer proceed with extreme caution. There are many rules and…

Manitoba Metis First Time Home Buyers Purchase Program

The Manitoba Métis Federation (MMF) offers a First Time Home Purchase Program (FTHPP) for Métis citizens, which is implemented and managed by Louis Riel Capital Corporation (LRCC). The key objective of the FTHPP is to “improve access to affordable housing that is safe, sound, suitable and sustainable for Métis households across Manitoba” through certain incentives.…

Mineral Rights and Surface Rights

If you own land, you presumably received a document that says “Status of Title” for that land. Many titles include a line that says: “Excluding all mines and minerals” or “Subject to the reservations and provisos contained in the grant from the Crown”. This means that you have the exclusive surface rights to that property,…

Purchasing or Selling a Cottage

Is your dream to purchase a cottage property or has the dream faded and it is time to sell that cherished family cottage? Whether a purchase or sale, legal advice is important and our lawyers can assist you in the process whether the cottage is in Manitoba or Ontario, on titled or on leased land,…

What Rights Does an Owner of a Riverside Have to Use The River?

A person who owns land along a river or other body of water is called a “riparian owner”.  The rights that a riparian owner has to use of the river are called “riparian rights.”  A riparian owner does not own the river itself.  Pursuant to The Water Rights Act of Manitoba, all property in the…

Condominium Purchases and Sales

Condominium laws were changed in 2015 that apply to both new and existing condominium corporations and purchases of condominium units. The laws are fairly complex so buyers and sellers should seek legal advice when taking the important step of selling or purchasing a condominium unit. When making an offer to purchase a condominium, buyers are…

Buying a Home: Interest

If you are arranging for part of the purchase price to be paid by way of the proceeds of a new mortgage, the process of registering the transfer of land and the mortgage documents in Manitoba may require that the transaction be closed without the mortgage funds being available to the buyer. This may result…