Buying, selling and developing property on the Coast.

A property is often the largest thing a person buys or sells. Whether you are purchasing a first home in Gibsons, selling a family property in Roberts Creek, refinancing, or planning to subdivide land, Suncoast Law handles the legal work behind the transaction and explains each step in plain language.

Buying a home

In BC, the legal work of moving ownership of land from the seller to you is called conveyancing. Here is what it involves on a typical purchase.

1. Reviewing the contract

   The contract of purchase and sale is the agreement you sign with the seller, usually through your real estate agent. We can review it before you sign, or before you remove your conditions, and explain what each clause commits you to.

2. Searching title

   A title search at the Land Title Office shows who owns the property and what is registered against it, such as mortgages, easements, covenants and rights of way. We go through these with you so you know what you are taking on before you commit.

3. Preparing the documents

   We prepare the transfer, the statement of adjustments (a summary of what each side pays and receives on closing) and any mortgage documents your lender requires. Property transfer tax applies to most transfers of land in BC; we prepare the return that is filed with the transfer and explain whether an exemption may apply to you.

4. Coordinating with your real estate agent and lender

   We work with your real estate agent and your lender so that the funds and documents are in place for the completion date set out in your contract.

5. Signing and closing

   You meet with us to sign. On the completion date we register the transfer at the Land Title Office and send the purchase funds to the seller’s lawyer or notary, and the property is yours. Keys are released on the possession date in your contract.

Selling

On a sale, the buyer’s lawyer or notary usually prepares the transfer documents. Our job is to look after your side of the transaction.

• Reviewing the transfer and statement of adjustments prepared for the buyer, and arranging for you to sign them.
• Obtaining a payout statement from your lender and discharging your mortgage from title once it has been paid.
• Receiving the sale proceeds in trust on the completion date, paying out the mortgage, the real estate commission and any other amounts owing, and sending you the balance with a full accounting.

If you are selling one home and buying another around the same time, we coordinate both files so the money moves in the right order.

Mortgages and refinancing

A mortgage is a charge registered on the title to your property that gives your lender security for the loan. Whether you are borrowing to buy, refinancing an existing loan or adding a line of credit secured by your home, your lender will send instructions to your lawyer to prepare and register the documents.

We review the mortgage terms with you, confirm what the lender needs, register the mortgage at the Land Title Office and, on a refinance, pay out and discharge the old mortgage. If a family member is being asked to act as guarantor for the loan or go on title, they may need independent legal advice, which means advice from a lawyer who is not acting for anyone else in the transaction. We can explain how that works.

Strata properties

In a strata, you own your unit (the strata lot) and share ownership of the common property, such as hallways, roofs and grounds, with the other owners. Condominiums, townhouses and some bare-land developments are stratas. In BC they are governed by the Strata Property Act.

Before you commit to a strata purchase, the strata’s own records tell you a great deal. We review them with you:

• Bylaws and rules — what owners may and may not do with their units and the common property, such as pets, parking and renovations.
• Minutes of strata council and general meetings — what the owners have been dealing with, including repairs, disputes and planned spending.
• Financial statements and budget, including the contingency reserve fund the strata sets aside for major repairs.
• Depreciation report — a report on the condition of the building and its components and the cost of maintaining and replacing them over time.
• Form B (Information Certificate) — a certificate from the strata corporation setting out the strata fees, any amounts owing on the lot, special levies that have been approved, and other key facts about the strata lot.

We also explain how special levies (charges to owners, on top of regular strata fees, for major work) are dealt with in the contract, so you know who is responsible for them.

Land use and development

Land use and development is a focus of Conner’s practice. On the Sunshine Coast, most decisions about how land may be used are made by local government. Depending on where the property is, that may be a municipality, such as the Town of Gibsons or the District of Sechelt, or the Sunshine Coast Regional District for the rural areas outside the municipalities, such as Roberts Creek, Halfmoon Bay and Pender Harbour. Their bylaws set the zoning, permitted uses and development rules for each parcel.

Subdivision

Subdividing means dividing one parcel of land into two or more, or adjusting the boundary between neighbouring parcels. In BC a subdivision must be approved by an approving officer and must meet the local zoning and servicing requirements before the new titles can be registered.

Rezoning

Rezoning asks the local government to change the zoning that applies to your land so that a different use or density is allowed. It is a change to a bylaw, decided by the local council or board, and it usually involves public notice and, in some cases, a public hearing.

Development permits

In areas a local government has designated for special attention, such as steep slopes, shorelines or environmentally sensitive land, a development permit may be required before you build or alter the land, in addition to a building permit.

Easements, covenants and rights of way

An easement gives someone the right to use part of your land for a specific purpose, such as a shared driveway. A covenant is a promise registered on title that limits or requires something about how the land is used. A statutory right of way is similar and is often held by a utility or a government. These charges stay with the land when it changes hands, which is why they matter whenever you buy, sell or develop.

We help owners and developers understand what the rules allow, prepare and negotiate the agreements a project needs, and work through the application process with the local government.

Rural and waterfront properties

Much of the Sunshine Coast is rural, and many properties sit on the water. These homes raise questions that a serviced town lot does not. None of them is a reason not to buy; they are simply things worth looking into before you remove your conditions.

Water supply

Many rural properties draw water from a well or a shared water system rather than a municipal main. It helps to know where the water comes from, who maintains the system and whether anything about it is registered on title.

Septic systems

Properties without a sewer connection rely on an on-site septic system. Permits, records and a recent inspection can tell you a lot about its condition and capacity.

Access and shared driveways

Some properties are reached across a neighbour’s land or by a shared driveway. Access should be secured on title by a registered easement or right of way, not only by long-standing practice.

Foreshore and docks

In BC the foreshore, the land between the high and low water marks, is generally owned by the Province. A dock, float or other structure on it usually needs provincial permission, so it is worth confirming what is in place before you rely on it.

Boundaries

Rural boundaries are not always where the fence or the hedge is. A survey can confirm where the lot lines run and whether any buildings sit across them.

Agricultural Land Reserve

Some land on the Sunshine Coast is within the Agricultural Land Reserve, which limits non-farm uses and subdivision. The Agricultural Land Commission’s maps and the local zoning will show whether a parcel is affected.

Common questions

General information, not legal advice. This page describes BC law in general terms and does not address your particular circumstances. Please contact us to discuss your situation.