Yes. In Alberta, the transfer of title requires legal documentation that must be registered with the Land Titles Office — a process that requires a lawyer. Beyond this requirement, a real estate lawyer protects you throughout the sale process: reviewing the agreement, managing communications with the buyer's lawyers, and ensuring the transfer reflects exactly what was agreed.

As a seller, you have significant responsibilities regarding the physical state of the property you are selling. If the buyer discovers hidden issues during negotiations, significant legal ramifications could follow. Our lawyers can advise you on what must be disclosed, how to document any areas of concern, and how to protect yourself from future legal proceedings arising from the sale.

On the seller's side, we handle:

• Drafting and review of agreements for sale
• Drafting, review, and registration of all documents required by the Land Titles Office
• Dower releases where applicable
• Discharging any existing registrations on the title of your property
• Coordinating with the buyer's lawyers throughout the transaction
• Managing the discharge of your existing mortgage on closing

Yes. Selling a shared property during or after a separation is one of the more common matters we deal with. We guide both parties through the process, ensuring all correct documents are issued and the transfer of title is handled as seamlessly as possible. Because our firm also practices family law, we can support any related property division or separation agreement questions that arise alongside the sale.

This is one of the more stressful moments in a real estate transaction. When issues arise from the buyer's side, we coordinate directly with opposing lawyers to resolve them — and we protect your position throughout. Our team has experience managing situations where buyers raise disputes, request extensions, or attempt to renegotiate conditions close to closing.

There is no single golden rule — each client and situation is different. Common reasons our clients refinance include taking advantage of lower mortgage rates, consolidating debt, removing someone from the original mortgage (due to separation, death, or divorce), paying off their mortgage faster, or accessing equity in their home for other investments or purchases. We can help you assess your situation and understand the implications before you commit.

In a refinancing, we act on behalf of both you and your lender. We ensure the new mortgage terms are properly registered, confirm that existing encumbrances are correctly discharged, and handle all documentation required by the Land Titles Office. We also review the mortgage agreement to ensure the terms are understood and favourable — and flag any issues or unusual clauses before you sign.

Refinancing is sometimes the right move — but it carries considerations worth understanding in advance:

• Changing interest rates: locking in now may cost more if rates fall further
• Amortization period: extending the term means paying more interest over time
• Increased monthly payments: a shorter loan term requires higher payments
• Equity implications: drawing on equity reduces your investment cushion

An experienced real estate lawyer will walk you through all of these factors and help you understand the best possible options for your unique circumstances.

Yes. Removing someone from a mortgage due to separation, divorce, or the death of a co-borrower is one of the more common refinancing matters we handle. The process involves both refinancing with your lender and amending the title registration — both of which require legal documentation. We manage both sides of this process and coordinate with your lender to make the transition as straightforward as possible.

A dower release is a legal document in which a spouse consents to the sale or transfer of a matrimonial home. Under Alberta's Dower Act, a spouse has certain rights in relation to the matrimonial home — including the right to veto a sale. If you are selling or refinancing a property that qualifies as a matrimonial home, a dower release from your spouse is typically required before the transaction can proceed.

A caveat is a legal notice filed on a property's title that protects a person's interest in that property. It effectively alerts other parties — and the Land Titles Office — that someone has a claim against the property. We file caveats to protect clients who have a financial or legal interest in a property, and discharge them once the underlying matter is resolved.

Title insurance is a policy that protects both buyers and lenders against losses arising from defects in a property's title — including undiscovered liens, encroachments, fraud, or errors in public records. While it is not mandatory, it provides an additional layer of protection, particularly when purchasing older properties or where a title search reveals any ambiguity. We advise clients on whether title insurance is appropriate for their specific transaction.

We provide real estate law services across Alberta, including Calgary, Airdrie, Chestermere, Red Deer, Lethbridge, Brooks, and Edmonton. We also act for out-of-town and international clients completing transactions in Alberta — providing notary services and coordinating remote closings when needed.

Frequently. A title dispute can become a civil litigation matter. A property purchase during a separation involves family law. A commercial acquisition may require corporate law input. At Osuji & Smith, your real estate lawyer works within a firm that covers civil litigation, family law, business and corporate law, and estate planning — so when your matter requires a wider view, the expertise is already here.