Our team of experienced Real Estate Lawyers advises on the various aspects of mortgage financing and refinancing as it relates to single family residential, multi-family residential, condominium and other residential and commercial or mixed use properties. We assist homeowners when financing their purchase of a property and in refinancing their mortgage. We act on behalf of buyers and homeowners to review financing arrangements and ensure the protection of their interests.
BOYNECLARKE LLP’s Residential Real Estate and Property Law Team consists of multiple lawyers who are backed up by an experienced staff of paralegals and assistants. This ensures that whenever you call our office someone knowledgeable about your file and property law will be available to assist you. Our Residential Real Estate Team is proud to handle one of the highest volumes of Residential Real Estate practiced by any Law Firm in the Halifax Regional Municipality and Nova Scotia, which includes a large number of migrations under the Land Registration Act (for more information about this service, please visit Land Titles Registration).
Whenever an issue arises requiring specific knowledge, we consult with lawyers in our other practice areas, notably the Estates, Wills and Trusts, Family Law, Business Law, and Mortgage Enforcement & Collections Teams. If your matter is to be presented before a municipal council, board or tribunal, we are experienced in these kinds of representations. If court action is required, one of our seasoned litigators will join our team. This is the BOYNECLARKE LLP “family approach”—we leverage experience within the firm, creating efficiencies while providing you with seamless service.
Our Estates and Family Law lawyers assist with Matrimonial Property and Estates matters. The Business Law Team assists in tax matters and in matters involving a conveyance between an individual and a company. In the event of a foreclosure on a title, the Mortgage Enforcement & Collections team ensures that all pre-existing problems have been rectified.
Oops! We could not locate your form.
Areas of Focus
Financing & Refinancing
Migrations & Easements
In Nova Scotia, the Land Registration Act requires a property owner to convert their property from the former Registry System into the Land Registration System when they sell, mortgage or subdivide the property, for the first time since the coming into effect of the Land Registration Act. This one time conversion must be completed prior to the closing date. It is important to contact a lawyer well before your scheduled closing date if you think this may apply to you, the conversion process often reveals issues in the title which can cause delays in your closing if there is insufficient time to deal with them. Because of this, lenders, realtors, assessors, developers, lawyers, and surveyors are advised to engage a law firm that is experienced with land registration conversions. Our team has received special training and completed a substantial number of conversions since the requirement was first enacted. In conjunction with the property conversion, a real estate lawyer will perform a title search and advise on who has legal ownership to the property, any burdens or benefits which affect the property and any outstanding encumbrances. We ensure that purchasers of both new and resale homes are aware of and understand any easements over the property prior to purchasing. Easements can sometimes restrict an owners ability or make it impossible to make changes and improvements to the property. It is important to consult with a lawyer as they will bring these important details to your attention.
Purchasing & Selling a Home or Condominium
Purchasing a home or condominium is an exciting experience. In addition, selling a home or condo comes with its own unique challenges. While you will face many decisions, you should not be intimidated by any of them. It is important that you are aware of all the factors associated with purchasing and/or selling and we can guide you through each stage of the process.
Purchasing & Selling Vacant Land
It is important to do your due diligence during the purchase and sale of vacant land. Although many people think that purchasing vacant land is a simple process, there are areas of concern which may not be immediately obvious as the land is vacant. Some factors to consider are zoning regulations, environmental concerns and property usage restrictions. A real estate lawyer will advise on all aspects of the purchase and sale including negotiation, drafting agreements, registration of the deed and transfer of land.
Subdivisions & Developments
We are experienced in providing advice on a wide range of legal issues pertaining to subdivision and development projects of all sizes and scope. We have experience acting on behalf of developers with respect to residential subdivisions and residential, commercial and bare land condominium developments. We advise on all aspects of the development process including, but not limited to, project financing, approvals, drafting agreements, environmental issues, land acquisition and registration of plans and necessary agreements.
Transfer of Property
Every property owner has the right to transfer their interest in real property to a third party, commonly referred to as transferring title. There are a variety of reasons to complete a transfer of title, including adding or removing a spouse or partner, separation of spouses, a gift of property, or any aging parent may wish to add their children on title to their property for estate planning purposes. If there is an outstanding mortgage, the bank must approve any transfer before it can be completed. A real estate lawyer will prepare and file the deed and transfer affidavits. Completing a transfer of title is a straightforward process and can be finalized within a week or two depending on your availability.
Presentations We Offer
If you are looking for a speaker for a meeting or a special event please email us at marketing@boyneclarke.ca. Click here for a list of presentations we offer.
FAQ
When do I need a Property Lawyer?
You need a property lawyer whenever you buy a home, sell a home, migrate or put a mortgage (refinance) on an existing home or vacant land.
FOR BUYERS: When should I be contacting a Lawyer regarding purchasing a home?
You can contact your lawyer when you begin the process of looking for a home. The normal process is that once you have signed an agreement of purchase and sale your realtor will forward that signed agreement to your lawyer and the lawyer will contact you to review. If you are not using a realtor you should contact your lawyer early in the house hunting process as they may be able to give you tips on the types of things you need to discuss with the seller and they will be able to assist you with the preparation of an agreement.
What information will my lawyer need to close my purchase?
In most cases your lawyer will need to get personal information about you, information about the bank you are financing with and confirmation from your home insurance company. Each transaction is different and your lawyer may require more documentation depending on the details of your purchase.
FOR SELLERS: What is a 'clearance certificate?'
A clearance certificate is a certificate that is required if you are a non-resident of Canada, which confirms payment of any taxes associated with the sale of the property.
When will I receive my proceeds?
You will receive your sale proceeds when the transaction closes.
Who pays the Realtors?
The seller is responsible to pay the fees associated with the sale. Your lawyer will distribute the sale proceeds among those parties who are entitled to a portion, including the realtor, the bank who has your mortgage and the lawyers. Anything remaining will be provided to you, the seller.
Who pays the bank that holds my mortgage?
Your lawyer will distribute the sale proceeds among those parties who are entitled to a portion, including the realtor, the bank who has your mortgage and the lawyers. Any remainder will be provided to you, the seller.