Canadian property law

In Canada, each province and territorial government has its own statutes for real estate, but within the same legal framework for the country which is based on the older English common law.

[1] The buying and selling of property is normally done through a real estate agent who work on a financial commission and act as a broker between buyer and seller.

Despite the fact there are no restrictions regarding taxes and registration and reporting requirements within the laws, there are differences regarding property licenses in the provinces of Ontario, Quebec and British Columbia.

The general sale of property comes with a buyer beware guide (Latin: caveat emptor) with three classification; firstly, owner must disclosed the full extent of the quality of the property; secondly, potential environmental contamination must be clear; thirdly, the law does not accommodate to the full extent for fraud.

To facilitate the sale of property, a buyer can lend money from a licensed individual as a mortgage broker, or a lender which are regulated by a government act in 2006.

[7] On January 1, 2023, Canada enacted a law prohibiting foreigners, except for immigrants and permanent residents, from acquiring residential areas in the country for two years in response to a real-estate bubble.

As well as a hold, a tenant in the Canadian property market can gain a contract for easement (right of way), restrictive covenants (specific manner), or in servitude (burden to another).

Whilst in Quebec, usufruct, servitudes, superficies (above ground i.e. condo), and emphyteusis (period of time) are the types of rights for land.

In cases of fraud, the Canadian legal system can accommodate a limited recovery of money, that is without any insurance coverage.

With ownership registration, each province has its own rules for the title granted for registering with laws varying for fraud upon the sale of personal property.

[11] In Canada, different provinces have enacted different requirement to register property (land registry), as in on a physical sheet of paper, or now digitally on an electronic device, but a registration is mandatory no matter what for legal purposes, all of which need to be accessed at a centralized government land registry office.