WE SEAL OUR SERVICE WITH A SMILE

Conveyance

A conveyance is the process of transferring the title of property from one person to another. A conveyance is an instrument in writing by which an Estate or interest in land is transferred from one person to another.

The title to real property is the evidence of a right that a person has in real property.

Ownership

Land may be jointly owned by two or more parties. There are two types of ownership – Joint Tenants and Tenants in Common. It is important that you understand the distinction between these two types. The type of ownership must be correctly reflected in the conveyance documentation. An error in the form of ownership could result in property passing to the “wrong” parties should one of the owners die.

Joint Tenants

A Joint Tenant has the “right of survivorship”. All parties must have equal interests in the property. Upon the death of one of the Joint Tenants, his or her share goes to the remaining Joint Tenant(s). The final survivor takes title to the whole property.

Tenants in Common

Tenants in Common do not have to have equal ownership. Each Tenant in Common may dispose of his or her share separately. The share of the deceased owner would be disbursed in accordance with their Will upon Grant of Letters Probate/Administration by the Supreme Court of British Columbia.

Purchase of Properties (Buyer)

Once you have entered into a Contract of Purchase and Sale, which is an accepted and binding offer, you will require the services of Cheryl Bennewith, Notary Public of Maple Ridge and Pitt Meadows. Cheryl and her staff will be there to help you and they will ensure that:

  • All documents are correctly prepared and properly registered
  • You understand all the documents before you execute them
  • Your interests are fully protected

As your legal representative, Cheryl Bennewith, Notary Public will provide the following services to you, as the "Buyer" (the party buying the property):

  • We will conduct a title search and a property tax search to ensure that there are no outstanding property taxes owing to the District. We will also obtain a copy of any non-financial charges registered on the title (Covenants, Right of Ways, Easements, etc.) as well as a copy of the Plan so that we can ensure that you are receiving the parcel of property that you believe you have purchased.
  • We will prepare all necessary documents including mortgage documents to ensure that you become the registered owner of your new property.
  • You will attend at our office to review and execute the necessary documents to complete your purchase. At the time of execution you will provide to the office of Cheryl Bennewith, Notary Public, the balance of your down payment by way of a bank draft, together with any other costs associated with your purchase.
  • There may be additional costs with your purchase which may include but are not limited to the following:
    • Property Transfer Tax (1% of the Purchase Price up to $200,000.00 and 2% of the purchase price over $200,000.00). If you are a first time buyer, you may be exempt from paying Property Transfer Tax if your purchase price is less than $500,000.00;
    • How Property Transfer Tax (PTT) is calculated, (Please note that a Canadian Social Insurance Number (SIN) must be recorded to the Property Transfer Tax Return for Canadian Citizens and Permanent Residents);
    • Newly Built Home exemption;
    • Adjustment of property taxes and/or utilities;
    • Your lender may require an interest adjustment, tax holdback, site survey, and/or title insurance;
    • Proof of House/Fire Insurance is required before the lender will advance Mortgage funds;
    • Adjustment of Strata Fees;
    • Forms F and B may be required for Strata properties;
    • Legal fees and disbursements (this amount varies for each transaction).
  • We will attend to the registration of the documents at the appropriate Land Title Office and will provide you with a copy of the title to confirm that you are the registered owner of your newly purchased property.

Sale of Properties (Seller)

Once you have entered into a Contract of Purchase and Sale, which is an accepted and binding offer, you will require the services of Cheryl Bennewith, Notary Public of Maple Ridge and Pitt Meadows. Cheryl and her staff will be there to help you and they will ensure that:

  • All documents are correctly prepared and properly registered
  • You understand all the documents before you execute them
  • Your interests are fully protected

As your legal representative, Cheryl Bennewith, Notary Public will provide the following services to you, as the "Seller" (the party selling the property):

  • Conduct a title search of your property;
  • Review documentation received from the Purchaser's Notary Public/Solicitor to ensure documents are properly prepared;
  • Attend to execution of the transfer documents with you;
  • Attend to paying out of any Mortgages registered against the property being sold;
  • Attend to paying out of any outstanding property taxes, utilities, or strata costs;
  • Attend to paying out of any liens, judgements, or personal loans (if required);
  • Ensure that any real estate commission due is paid to the respective Realtor(s);
  • Ensure that you receive the proceeds due to you upon completion of your sale.

Mortgages, Refinances, Home Equity Lines of Credit (HELOC), and Debt Consolidation

A Mortgage is a charge/loan that is registered against your title to secure funds owing by you to a Lending Institute or a Private Lender.

Cheryl Bennewith, Notary Public of Maple Ridge and Pitt Meadows can represent you upon receiving instructions from your financial institution. Once you have signed the Mortgage with Cheryl Bennewith, Notary Public, the Mortgage is then registered against your property in the appropriate Land Title Office.

The Debt usually takes the form of a loan of money representing the purchase price (or part thereof) of the property being purchased.

A Mortgage may also be secured against the title to your property for money you have borrowed from a Lending Institute or a Private Lender for Consolidation of Debts, Home Equity Line of Credit, or simply to free up some money and to take some equity out of your existing property.

Once the debt has been repaid, the security will be released from your property by way of a Discharge of Mortgage. If you pay your Mortgage off yourself it is imperative that you obtain a Discharge of Mortgage from the lender. Once you are in receipt of that Discharge it has to be registered at the appropriate Land Title Office. Bring the original Discharge of Mortgage to the office of Cheryl Bennewith, Notary Public and let her office assist you in ensuring that the charge is removed from the title to your property, and that your property is now MORTGAGE FREE.

Transmissions

A Transmission is transfer of a real property from a Joint Tenant, or by Probate to an Executor or Administrator appointed by the Court.

When an individual owns property as a "Joint Tenant" and dies, Cheryl Bennewith, Notary Public of Maple Ridge and Pitt Meadows can assist by preparing and registering the required documentation at the appropriate Land Title Office to transfer the property legally into the name of the surviving Joint Tenant. Cheryl Bennewith, Notary Public will require the original Death Certificate.

Where an Executor or Administrator has been appointed by the Court and the property was not held in "Joint Tenants", Cheryl Bennewith, Notary Public can assist the Executor/Administrator in transferring the property into their name as Executor/Administrator of the Estate, once the necessary court documents have been provided to the office of Cheryl Bennewith, Notary Public.

Family Transfers

For further information regarding Family Transfers, please contact Cheryl Bennewith, Notary Public of Maple Ridge and Pitt Meadows at 604-467-5555.

We are here to help. Call us at 604-467-5555 or    Contact Us