Real estate transactions can involve significant financial, legal and practical risks. We advise individuals, businesses, developers and organizations on residential and commercial real estate matters throughout British Columbia.

Our work includes purchases and sales, financing, leasing, development (REDMA), subdivisions, strata matters, reserve-land interests, environmental due diligence and contaminated-site matters.

Residential Purchases and Sales

We assist buyers and sellers with residential real estate transactions, including houses, condominiums, recreational properties, vacant land and investment properties.

Our services include:

  • Reviewing contracts of purchase and sale
  • Advising on title, easements, covenants and other registered interests
  • Coordinating with lenders, real estate professionals and other parties
  • Preparing and reviewing closing documents
  • Completing title transfers and mortgage registrations
  • Addressing issues that arise before completion

We explain the documents and process in understandable terms and work to identify potential problems before they interfere with closing.

Commercial Real Estate

We advise businesses, investors and property owners on commercial purchases, sales, leases and financing arrangements.

Commercial transactions often require careful consideration of zoning, permitted uses, environmental conditions, financing requirements, existing tenancies and the allocation of risk between the parties. We help clients understand these issues and structure transactions that reflect their business objectives.

Real Estate Development and REDMA

We assist developers, builders and property owners with legal matters arising from real estate development.

Our work includes:

  • Development agreements
  • Property acquisitions and financing
  • Easements, covenants and statutory rights of way
  • Subdivisions and consolidations
  • Strata developments
  • Disclosure statements and amendments under the Real Estate Development Marketing Act
  • Contracts for the sale of development units
  • Coordination with municipalities, surveyors, lenders and other professionals

Early legal advice can help identify title, environmental, regulatory and contractual issues before substantial time and money are committed to a project.

Strata Property

We advise developers, strata corporations, owners and purchasers on strata-property matters.

Our services include the creation and amendment of strata developments, bylaws, easements, cost-sharing arrangements, property transactions and disputes involving strata property.

Subdivisions, Easements and Covenants

The use and development of land may depend on legal rights that extend beyond the boundaries shown on a survey.

We advise clients on:

  • Subdivisions and parcel consolidations
  • Easements and rights of way
  • Restrictive and positive covenants
  • Shared roads, driveways and services
  • Access and utility arrangements
  • Boundary and title issues

We work with surveyors, planners, municipalities and other professionals to establish clear and workable arrangements for the ongoing use of property.

Transactions Involving Reserve Lands

Real estate interests on reserve lands are governed by a distinct legal and administrative framework. We assist with transactions involving leasehold interests on reserve lands, including purchases, sales, financing and related registrations.

These transactions may involve First Nations governments, Indigenous Services Canada, lenders and other parties. We help clients understand the applicable documents, approval requirements and differences between reserve-land interests and conventional fee-simple ownership.

Environmental Site Assessments, Contamination and Remediation

Environmental conditions can affect a property’s value, financing, development potential and future use. They may also create significant obligations and liabilities for property owners, operators, purchasers and other parties.

We advise clients on the legal issues arising from Phase I and Phase II environmental site assessments, contaminated properties and remediation projects. Our work may include:

  • Structuring environmental due diligence before a purchase, sale, lease or development
  • Reviewing the legal implications of environmental consultant reports
  • Advising on Site Disclosure Statement requirements
  • Reviewing Site Registry records and historical property uses
  • Allocating environmental risk through contractual conditions, representations, warranties, indemnities and holdbacks
  • Coordinating with qualified environmental professionals
  • Negotiating remediation, access and cost-sharing agreements
  • Advising on contamination migrating to or from neighbouring property
  • Assisting with regulatory requirements and certification documents
  • Pursuing or defending claims involving remediation costs and contaminated sites

Environmental consultants determine the nature and extent of contamination and recommend appropriate technical responses. We work with those professionals to address the legal, regulatory, contractual and financial consequences of their findings.

Real Estate Disputes

We advise and represent clients in disputes involving real property, including:

  • Failed purchases and sales
  • Deposit disputes
  • Boundary and access issues
  • Easements and covenants
  • Construction and development disputes
  • Co-ownership disputes
  • Misrepresentation and undisclosed defects
  • Contamination and remediation costs
  • Commercial lease disputes

We help clients assess the strength of their position, the likely costs and risks, and the available options for negotiation, mediation, arbitration or litigation.

Speak With a Real Estate Lawyer

Whether you are buying a home, selling a business property, planning a development or dealing with environmental concerns, timely legal advice can help you understand the risks and make informed decisions.

Contact Columbia Valley Law Corporation to speak with a real estate lawyer in Invermere or Golden.