When it comes to buying, owning, or transferring property in Alberta, misinformation is everywhere. Whether you’re a first-time buyer, investor, or homeowner, it’s easy to fall for common myths that can lead to costly mistakes. In this article, we debunk the most widespread property law myths in Alberta—and reveal what’s actually true.
Myth #1: “If My Name Is on the Mortgage, I Own the Property” False
Many people believe that being listed on the mortgage automatically makes them a legal owner. In Alberta, ownership is determined by the Land Title, not the mortgage.
- You can pay the mortgage but have no legal ownership unless your name is on the Certificate of Title.
- Always ensure your ownership is recorded with the Alberta Land Titles Office.
Myth #2: “Common-Law Partners Automatically Share Property” False
Unlike married couples, common-law partners in Alberta (called “Adult Interdependent Partners”) do not automatically share property unless:
- They meet the requirements of being considered an Adult Interdependent partner, and may have a claim to property;
- They have a cohabitation agreement, or
- They are jointly listed on the property title
Otherwise, if the property is in one person’s name alone, the other partner has no legal claim without court involvement.
Myth #3: “You Don’t Need a Lawyer to Buy or Sell Property” Technically True, But Risky
You are not legally required to use a real estate lawyer in Alberta, but skipping legal support can lead to:
- Incorrect or missing paperwork
- Unclear ownership rights
- Delayed registration or legal disputes
For most buyers and sellers, hiring a lawyer provides peace of mind and protects your investment.
Myth #4: “Property Taxes Are Included in the Sale Price” False
In Alberta, property taxes are separate from the purchase price. During closing:
- Taxes are often prorated between the buyer and seller
- You’ll need to set up ongoing payments with your municipality
Buyers should always check the annual property tax rate before purchasing.
Myth #5: “Once I Buy a Home, I Don’t Need to Register It” False
Registering your property with the Alberta Land Titles Office is a legal requirement. Without registration:
- You are not recognized as the legal owner
- You may face issues with financing, selling, or defending your ownership in court
Ensure your lawyer files the Transfer of Land and other required documents after purchase.
Myth #6: “The Government Can Take My Property Anytime” Mostly False
While expropriation (government acquisition for public use) is legal in Alberta, it:
- Must follow a strict legal process
- Requires fair compensation
- Is very rare and usually applies to major infrastructure projects
Your property can’t just be taken without proper legal notice and compensation.
Myth #7: “Joint Ownership Means Equal Control” Partially True
In joint tenancy, both parties share equal ownership and rights to the property. However:
- Either owner can act independently in some legal or financial situations
- In the event of death, ownership automatically passes to the surviving joint owner
If you want a different arrangement, such as tenants in common may be a better option—this allows different ownership percentages and estate planning flexibility.
Myth #8: “Verbal Agreements Are Enough in Real Estate” False
In Alberta, real estate agreements must be in writing to be legally enforceable. Verbal promises, no matter how sincere, will not hold up in court.
Always ensure your:
- Offer to purchase
- Sale agreement
- Ownership structure
…is documented and legally reviewed.
Believing property law myths in Alberta can lead to serious financial and legal consequences. Whether you’re buying, selling, or transferring property, always rely on verified legal information—and when in doubt, consult a qualified real estate lawyer.
