Transfer of Ownership

Understand how transfer of ownership works in Canadian real estate — what’s involved in legally changing title from one party to another.

Transfer of Ownership

June 23, 2025


What is Transfer of Ownership?

Transfer of ownership is the legal process by which the title of a property is passed from one party to another, typically through sale, inheritance, or gift.

Why Transfer of Ownership Matters in Real Estate

In Canadian real estate, the transfer of ownership involves legal documentation, registration with the land registry, and often tax implications such as land transfer tax or capital gains.



The process includes:



Transfers may also occur through divorce settlements, estate transfers, or corporate restructuring.



Understanding ownership transfer helps buyers, sellers, and professionals ensure a smooth and legally compliant transaction.

Example of Transfer of Ownership in Action

Upon closing, the lawyer completes the transfer of ownership by registering the buyer as the new title holder with the provincial land registry.

Key Takeaways

  • Legally moves property title between parties
  • Involves documentation and registration
  • May include taxes and legal fees
  • Can occur via sale, gift, or estate
  • Requires title search and due diligence

Related Terms

Additional Terms

Recourse Loan

A recourse loan is a type of loan where the lender can pursue the borrower’s personal assets, beyond the collateral, in the event of default.. more

Pari Passu

A pari passu clause is a contractual provision ensuring that multiple creditors share equally in repayment priority from the borrower’s assets.. more

Non-Recourse Loan

A non-recourse loan is a type of loan where the lender’s only remedy in case of default is to seize the collateral property; the borrower is not. more

Net Operating Income

Net operating income (NOI) is the total income generated by a property after operating expenses are deducted but before taxes and financing costs.. more

Mechanic's Lien

A mechanic’s lien is a legal claim by a contractor, subcontractor, or supplier for unpaid work or materials provided for a property.. more

Lis Pendens

Lis pendens is a legal notice filed in the land registry indicating that a property is subject to ongoing litigation that may affect its title.. more

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