Real Estate Law FAQs

If you’ve ever leased a property, purchased a house or condo, or subletted an apartment unit, then you may understand how complex real estate transactions can be. There are many legal implications that accompany the purchase, sale, and leasing of a property. At Schnell Hardy Jones LLP, our team of real estate lawyers in Sylvan Lake and Red Deer want to help bring some clarity to your real estate legal needs. Below are answers to a few questions we get asked the most about real estate law and the legal terminology that real estate transactions involve.

Question #2: What is an encumbrance, an easement, and a lien?

Encumbrance is a broad term that can include liens, easements, encroachments, and licenses. An encumbrance is basically any term attached to ownership of a parcel of land that limits or restricts the owner’s rights, and often grants non-owners certain rights to use of the land.

An easement generally refers to the right of a non-owner party to cross onto, over, or otherwise use the owner’s property in certain circumstances, or for a certain purpose. A common type of easement is the granting of access to utility companies to conduct work on the land as necessary. A road or path running through the land to allow another person access to their own property is another example of an easement.

A lien is a very different type of encumbrance — a lien is a charge attached to land title when the land owner is indebted to a creditor. A mortgage is a type of lien. Certain types of encumbrances will be notated on the land title, a digital record (formally in paper format) held by the Alberta Land Titles Office.

Contact Sylvan Lake’s Schnell Hardy Jones LLP for a Real Estate Lawyer

Our real estate lawyers have the experience to provide you with guidance and assistance with your real estate law needs. We can help to ensure that you are confident and content with your purchase, sale, or lease. Contact us for your real estate law consultation in Sylvan Lake, Stettler or Red Deer.