Real Estate Terms You Must Know as a Property Buyer or Owner in British Columbia
British Columbia (BC) is one of the prime provinces for real estate in Canada. If you want to buy into the market, increase your investment, or are generally interested in real estate, this post is for you. Here are some terms you should know if you want to buy or own property.
- Deed: In British Columbia, a deed is not commonly used the way it is in some countries. Property ownership usually transfers through a Form A Transfer registered in the Land Title Office.
- Title: Title refers to the legal ownership of a property. In BC, this is recorded in the Land Title and Survey Authority system, which shows the owner and any registered interests.
- Survey: A survey is a professional measurement of the land. It shows boundaries, structures, and features that can affect development or financing.
- Property Disclosure Statement: This is a form in which a seller answers questions about the property’s condition. Buyers rely on it when deciding whether to proceed with the purchase.
- Zoning: Zoning describes the rules that control how land can be used. Municipalities decide whether land is residential, commercial, industrial, or mixed use.
- Strata: Strata refers to a form of property ownership where individuals own their unit and share common areas such as hallways and amenities. Condominiums operate under strata rules in British Columbia.
- Strata Bylaws: These are the rules that guide how joint owners and residents must behave. They cover issues like pets, rentals, parking, and noise.
- Strata Fees: These are monthly fees owners pay to maintain common property and fund the strata corporation’s operations.
- Easement: An easement allows another party to use part of your land for a specific purpose, such as access or utility placement.
- Right of Way: A right of way is a type of easement that gives someone the legal right to pass through or use a portion of the land.
- Encumbrance: An encumbrance is any claim or interest registered against a property, such as a mortgage, lien, easement, or restrictive covenant.
- Restrictive Covenant: A restrictive covenant limits how a property can be used. It may deal with building design, land use, or environmental protection.
- Mortgage: A mortgage is a loan secured by real property. The lender registers a mortgage charge on the title to protect its financial interest.
- Foreclosure: Foreclosure is the legal process a lender uses when a borrower defaults on a mortgage. It often leads to a court-ordered sale of the property.
- Lien: A lien is a claim for unpaid debt tied to the property. A builder’s lien, for example, can be registered when contractors or trades are not paid.
- Builder’s Lien: This is a statutory lien that contractors, subcontractors, or suppliers can register when they have not been paid for work done on the property.
- Property Assessment: Property assessment is the estimated value of a property determined by BC Assessment each year. It affects the amount of property taxes a homeowner pays.
- Completion Date: This is the date when the final transfer of ownership happens, documents are exchanged, and money is paid.
- Possession Date: The possession date is when the buyer gets the keys and is allowed to move into the property. It often falls a day or two after the completion date.
- Adjustment Date: On this date, financial adjustments are calculated between buyer and seller, such as property taxes, utilities, or strata fees.
- Deposit: A deposit is the amount the buyer pays to show commitment before the transaction closes. It is usually held in trust by a brokerage or lawyer.
- Subject Conditions: These are conditions the buyer must satisfy before the deal becomes firm. They include financing, inspection, insurance, and review of documents.
- Subject Removal: Subject removal is the point where the buyer confirms all conditions are met and the contract becomes legally binding.
- Property Inspection: A property inspection is a detailed review of the building’s condition by a licensed home inspector.
- Title Search: A title search reviews the property’s history and identifies any registered interests, restrictions, or charges on the title.
- Closing Costs: Closing costs are the extra expenses that come with buying property, such as land transfer tax (Property Transfer Tax), legal fees, and insurance.
- Property Transfer Tax: This is the tax buyers pay when they acquire property in British Columbia. It is calculated based on the fair market value of the property.
- Insurance Binder: An insurance binder is temporary proof of home insurance, usually required by lenders before funds are released.
- Tenancy Agreement: A tenancy agreement sets out the terms under which a tenant rents a home. BC has a standard form under the Residential Tenancy Act.
- Fixed Term Tenancy: A fixed term tenancy runs for a set period. Once it ends, the agreement usually continues month to month unless renewed.
- Month-to-Month Tenancy: A month-to-month tenancy continues until either party gives proper notice to end it.
- Notice to End Tenancy: This is a formal notice under the Residential Tenancy Act telling a tenant the landlord is ending the tenancy for a legal reason.
Did you find this information helpful? Follow Abisoye Law Corporation on Medium, Instagram, Facebook and LinkedIn. ALC provides you with valued legal support for your real estate deals. You can get in touch with us by emailing info@abisoyelaw.ca or visiting our website at abisoyelaw.ca.