- Real Estate
Real Estate – Purchases and Sales, Leasing, & Development
A commercial real estate lawyer in Edmonton spends most of their time on the things that are not in the offer: the title, the survey, the consents, the financing conditions and the dates. Narula Deluca LLP handles property transactions from the agreement through to registration at the Alberta Land Titles Office, for businesses, investors, developers and individuals.
We act on commercial and residential purchases and sales, refinancing, commercial leasing for landlords and for tenants, condominium matters, land development and construction related arrangements. Most of the work a commercial real estate lawyer does is invisible to the client until the week it prevents a problem.
On this Page
- What we handle
- How much does a real estate lawyer cost in Edmonton?
- What is a Real Property Report, and do I need one?
- How long does a real estate closing take in Alberta?
- What should I review before signing a commercial lease?
- Development, subdivision and construction
- How we work on real estate matters
- Common questions
What we handle
Purchases and sales
Commercial and residential transactions from review of the offer through to closing: title review, searches, conditions, adjustments, trust conditions between lawyers, transfers and registration.
Refinancing
Discharges, new mortgage documentation, and coordination between the outgoing lender, the incoming lender and the registry so that the timing works.
Commercial leasing
Offers to lease and full lease agreements, for landlords granting space and for tenants taking it. Renewals, options, assignments, subleases, estoppel and status confirmations, and lease reviews before signature.
Condominium
Purchases and sales of condominium units, review of condominium documents including bylaws, financial statements and the reserve fund study, and advice on the obligations that come with common property under the Condominium Property Act.
Development and construction
Land acquisition and assembly, subdivision and development approvals, servicing and development agreements with the municipality, construction contracts, holdback obligations and lien related requirements, and project financing arrangements.
Real estate financing
Acting for borrowers and lenders on mortgage and security documentation, collateral and draw mortgages, priority arrangements and registrations.
How much does a real estate lawyer cost in Edmonton?
Real estate legal costs have two parts, and confusing them is the most common source of surprise. The legal fee is what the firm charges for the work. Disbursements are amounts paid out on your behalf, including Land Titles registration fees, title searches, tax certificates, courier and, where applicable, title insurance.
Land Titles registration fees in Alberta are set by the province and scale with the value of the property and the mortgage, so they differ from transaction to transaction regardless of who acts for you. A purchase with a mortgage involves more work and more registrations than a cash purchase, and a sale generally involves less than a purchase.
We quote the legal fee and the anticipated disbursements in writing before the work starts, and we tell you which parts are fixed and which depend on the property. If something arises that changes the number, you hear about it when it arises rather than on the statement of adjustments.
What is a Real Property Report, and do I need one?
A Real Property Report is a legal survey document prepared by an Alberta land surveyor showing the boundaries of a property and the location of the improvements on it. When it carries a municipal compliance stamp, it confirms that the buildings, decks, fences and garages sit where they are permitted to sit.
Most Alberta residential purchase contracts require the seller to provide a current Real Property Report with evidence of municipal compliance. It matters because it reveals encroachments, unpermitted structures and setback problems, and those become the buyer’s problem after possession.
Can title insurance be used instead?
Often, yes, and many transactions now proceed that way because it is faster and usually cheaper than obtaining a new survey and a compliance stamp. The trade off is real, though. Title insurance protects you financially against certain defects; it does not tell you where your fence actually is, and it does not resolve the underlying compliance issue. Buyers of properties where the structures or the boundaries matter, including anyone planning to build, should think carefully before substituting insurance for a survey.
A lease review before signature is one of the least expensive pieces of legal work a business will ever buy, and one of the most consequential. If the business is later sold, the lease is one of the first documents a purchaser’s lawyer asks for. See transactions, M&A and finance.
How long does a real estate closing take in Alberta?
The timeline runs from the removal of conditions to the possession date, and most of it is spent on things that happen in sequence rather than in parallel: title searches, mortgage instructions from the lender, the survey or title insurance decision, payout statements from the existing lender, and the exchange of documents and funds between the lawyers on trust conditions.
Delays cluster in predictable places. Lender instructions arriving late, a Real Property Report that has to be updated, a payout statement that does not arrive, a condominium document request that takes longer than expected, or funds that do not clear in time for the registration. Almost all of them are avoidable if the file starts early. We ask for the contract as soon as conditions are removed, not the week of possession.
What should I review before signing a commercial lease?
More than the rent. Commercial leases in Alberta are usually drafted by the landlord, are longer than tenants expect, and contain provisions that determine the real cost and the real flexibility of the space.
The clauses that cause the most trouble
Additional rent.
What is included in operating costs, how it is calculated, whether it is capped, and whether you are paying for capital improvements.
Term, renewal and options.
How renewal is exercised, on what notice, and whether the renewal rent is defined or left to be agreed later.
Assignment and subletting.
Whether you can transfer the lease if you sell the business. This clause decides whether your lease is an asset or an obstacle at exit.
Repair and restoration.
What condition the premises must be returned in, and whether you are obliged to remove your own improvements at the end.
Indemnifier and guarantee.
Whether an owner is personally on the hook, and for how long.
Relocation and demolition clauses.
Whether the landlord can move you or end the lease early.
A lease review before signature is one of the least expensive pieces of legal work a business will ever buy, and one of the most consequential. If the business is later sold, the lease is one of the first documents a purchaser’s lawyer asks for. See transactions, M&A and finance.
Development, subdivision and construction
Development work in Alberta runs through the municipality as much as through Land Titles. Subdivision approval, development permits, servicing agreements, off site levies and area structure plan compliance all sit under the provincial planning framework, and the sequence in which they are obtained affects both timing and cost.
On the construction side, holdback obligations and the deadlines for registering a lien are statutory and short. Alberta’s construction lien regime was modernized under the Prompt Payment and Construction Lien Act, which replaced the former Builders’ Lien Act, and it introduced prompt payment timelines that owners, contractors and lenders all need to plan around. Draw mortgage advances, holdback accounts and progress certification need to be set up correctly at the start of a project rather than corrected partway through.
You can review Alberta’s land registration system through the Government of Alberta’s Land Titles overview.
How we work on real estate matters
One commercial real estate lawyer owns the file and stays accountable for it, and files are opened early rather than the week before possession, because almost every real estate problem is a timing problem in disguise.
You receive the legal fee and the anticipated disbursements in writing before the work begins, with the parts that vary identified as variable. You hear from us at the points that matter: when title comes back, when lender instructions arrive, when something needs a decision, and when the transaction is ready to close.
Where the property forms part of a larger business transaction, or where the entity holding title needs to be created or changed, our business and corporate practice handles that alongside it.
Common questions
What do I need to bring to my signing appointment?
Two pieces of identification, one of them government issued photo identification, and the funds required to close if you are buying. Your lawyer will confirm the exact amount, which is set out in the statement of adjustments and usually must arrive as certified funds or a bank draft. Confirm the figure before the appointment rather than on the day.
When do I get the keys?
On the possession date set out in the contract, and generally once the funds have been received and the transfer documents are in a position to be registered. Possession is a contractual date, not an automatic one, so a delay in funds or lender instructions can delay keys. This is why files that start early close on time.
Do I need a lawyer for a commercial lease if I am only renting?
A lease is a long term financial commitment, often five or ten years, frequently with a personal guarantee attached. Reviewing it before signature costs a fraction of what a single disputed clause costs later, and it is the point at which the terms can still be negotiated. After signature, they cannot.
What should I look for in condominium documents?
The reserve fund study and the corporation’s financial statements, because they show whether the building is funded for the repairs it will need. Also the bylaws, any special assessments contemplated, the insurance position and any restrictions on rentals, pets or renovations. We review these as part of a condominium purchase and tell you what stands out.