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Leases can be registered in Alberta only if they are for a term longer than three years. The lease is executed as per the Land Titles Act and registered by following a registration process. The lease shall legally describe the land in a way that the information is sufficient to identify the land.
This is known as a leasehold title and is registered against the landlords interest in the property, which becomes subject to the leaseholders interest for the period of the lease, generally preventing the landlord from doing anything with the property without the leaseholders consent.
What does leasehold mean? A leasehold means that you are leasing the land from the owner for a specified period. Although you may own the building, you rent the ground and pay additional maintenance fees and service charges. The standard lease lasts around 99 years.
Sublease or assignment A tenant cannot sublease or assign the rental premises to someone else without the landlords written consent. A landlord may not refuse permission without reasonable grounds and must give the tenant their reasons in writing within 14 days after receiving the request.
There is no set rule about the length of a lease that is too short to sell. But when a lease falls below 80 years, the cost of extending it increases dramatically, making it harder to sell. Mortgage lenders, generally, will not lend on properties with a lease that is shorter than the mortgage.
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