Property and housing
Canadian real estate law, explained by subject
Understand purchases, sales, title, mortgages, leases, condominiums and common property issues, with links to official Canadian sources.
Which law applies: Real estate law is mainly provincial or territorial. Land registration, closing practice, taxes, tenancy rules and professional licensing depend on where the property is located. Quebec commonly uses notaries for real estate transactions.
Subject 1
Buying or selling a home
A residential transaction usually moves from an offer through conditions, legal review, financing, title work and closing.
- The agreement of purchase and sale records the property, price, deposit, included items, closing date and any conditions.
- Conditions may address financing, inspection, insurance, status certificates or another investigation appropriate to the property.
- A lawyer or Quebec notary can review title, registered interests, adjustments, closing documents and the transfer of funds.
- Do not remove a condition or sign an amendment unless you understand how it changes your obligations and remedies.
Official sources: Ontario land registry overview · Land Title and Survey Authority · Registre foncier du Québec
Subject 2
Title, ownership and registered interests
The land register is the official record used to investigate ownership and interests affecting land.
- A title search may identify the registered owner, mortgages, liens, easements, restrictive covenants or other notices.
- An easement can give another person or utility a right to use part of the land; a covenant can restrict how land is used.
- A survey, title insurance policy and municipal records answer different questions and are not interchangeable.
- Registration systems and the legal effect of registration differ by province or territory.
Official sources: Ontario land registry overview · Land Title and Survey Authority · Land titles procedures
Subject 3
Mortgages and secured lending
A mortgage gives a lender a registered security interest in land and creates contractual payment obligations.
- Review the principal, interest method, term, payment schedule, prepayment rights, default terms and discharge costs.
- Refinancing, assigning a mortgage or adding an owner can require lender approval and new legal documents.
- On default, enforcement remedies and required notices depend on provincial law and the mortgage terms.
- Independent legal advice may be important for guarantees, private mortgages and transfers between related people.
Official sources: Ontario land registry overview · Land Title and Survey Authority
Subject 4
Renting residential or commercial property
Residential tenancy statutes provide mandatory rights, while commercial leases rely more heavily on the negotiated contract.
- Residential rules can regulate deposits, repairs, entry, rent changes, termination notices and tribunal applications.
- Commercial leases commonly address permitted use, operating costs, repairs, insurance, assignment, renewal and default.
- A lease term that conflicts with mandatory residential law may not be enforceable even if both sides signed it.
- Use the official tenancy board or government site for the province where the rental unit is located.
Official sources: Residential tenancies
Subject 5
Condominiums, co-ownership and development
Shared-property arrangements add declarations, bylaws, rules, common expenses and governance documents.
- A condominium status or disclosure package may reveal budgets, insurance, reserve funds, litigation and rule restrictions.
- Special assessments and planned repairs can materially affect the cost of ownership.
- Boundary, construction-defect, zoning and permit disputes can involve municipal as well as provincial law.
- New-build purchases may have statutory disclosure, rescission or warranty rules that vary by province.
Official sources: Ontario land registry overview · Real estate regulator
Subject 6
Fraud, disclosure and professional checks
Identity fraud, undisclosed defects and unlicensed service providers can put ownership and money at risk.
- Verify the identity and licence status of the real estate professional and legal professional you retain.
- Put important representations about the property's condition, use or included items in writing.
- Do not send closing funds after relying only on changed email instructions; confirm through a trusted channel.
- Preserve listings, inspection reports, messages, agreements, receipts and photographs if a dispute arises.
Official sources: Real estate regulator
Important
General information, not legal advice
This page provides general legal information, not legal advice. It does not create a solicitor-client relationship. Laws, forms and official guidance change, and the answer can depend on your province, industry, documents and facts. Check the linked official source and consult a licensed Canadian lawyer, Quebec notary, patent agent or trademark agent when advice is needed.