Encroachment Agreements

[zuluking]

Do you need a copy of your encroachment agreement to sell your property even if you have a RPR with the cert of compliance referencing the encroachment agreement number?

[Travis Munroe]

Great question, real estate lawyer trout man is the guy for this. He will most likely respond soon!

[troutman]

Do you need a copy of your encroachment agreement to sell your property even if you have a RPR with the cert of compliance referencing the encroachment agreement number?

The buyer's lawyer should be able to get a copy from LTO, but if you have one, it would be courteous to pass on a copy.

http://www.calgary.ca/CS/CPB/Pages/Real-Estate/Encroachments/FAQ.aspx

An encroachment agreement makes it easier for you to sell your property if you have a structure that encroaches on a utility right-of-way (built prior to July 1, 1996) or City land. Standard real estate purchase contracts usually include a clause requiring the vendor to guarantee that The City has approved any encroachments. This guarantee may also be required by financial institutions.

If an encroachment is approved, we will prepare an encroachment agreement for the registered owners to execute and register at the Alberta Land Titles Office. The Encroachment Agreement will remain for the life of the structure. The structure may not be rebuilt on City land.