Understanding Property Ownership in Canada
Buying a home is an exciting journey, but it can also feel overwhelming—especially when you come across unfamiliar real estate terms. One of the most important things to understand before making a purchase is the different types of property ownership available in Canada.
I’m here to help make the process easier for you. On this page, I’ll walk you through the various ownership types you might encounter so you can move forward with confidence in your home-buying journey.
Key Highlights
- In Canada, there are various types of property ownership: freehold, leasehold, co-ownership, joint tenancy, tenancy in common, and in-trust partnership.
- Each type of ownership has its own unique advantages and disadvantages, and it’s important to understand the differences between them before buying a property.
- It’s also important to consult with a real estate lawyer or financial advisor prior to making any decisions in order to ensure that you’re making the best decision for your individual situation.
The different types of property ownership in Canada
Let’s take a closer look at some of the lexicon around the different types of ownership.
Registered Ownership
Registered ownership in real estate means that the name of the owner of a property appearing on the title deed is the registered owner. In case of a dispute, it’s the name on the title deed that determines the registered owner of the property.
Freehold interest
Freehold is one of the most common types of home ownership in Canada. This type of ownership gives you the most freedom as you own the property as well as the plot of land on which it sits. Most single-family homes are sold as part of a freehold. As a real estate owner, you are responsible for the maintenance of the property, its buildings & the land.
Leasehold interest
When you buy a property on leasehold, you actually buy the building itself but not the land it sits on. These homes are often built on Native Canadian lands or Crown lands. Those leases usually last for 99 years and can be renegotiated. Properties on leasehold tend to have a lower value than properties on freehold but getting a mortgage on a leasehold home can be complicated. You need to keep in mind that leasehold properties tend to depreciate as the end of the lease gets closer.
Co-ownership
Another form of real estate ownership is co-ownership. In this type of property ownership, several persons agree to purchase a property together. The co-ownership can be formal (buying into a co-operative) or informal (buying with friends or family).
In a co-operative, each party owns a portion of the corporation that owns the property. In a co-ownership, two or more owners (often family members: parents, siblings or friends) enter into a legal agreement to own a single property. In this second case, there are 2 types of tenancy real estate: Joint tenants and tenants in common.
Joint Tenants
In this kind of house ownership, each party owns an equal part of the property. This type of ownership is common when spouses or partners purchase a property together. The ownership of the house is automatically transferred to the surviving partner when the other one dies, without going through probate.
Tenants in Common
In this type of co-ownership, each owner holds an undivided part of the property and can choose to pass their share on to heirs. This type of ownership allows each owner to sell or transfer, without the consent of the others. The ownership interests do not have to be equal, and each owner is responsible for their own taxes and maintenance costs.
In Trust
In-trust ownership is a legal arrangement where one party holds legal title to the property for the benefit of another party. The trustee owns the property for the benefit of the beneficiary. The trustee is responsible for managing the property according to the terms of the trust agreement, which may include managing the property for the beneficiary’s benefit, investing funds and distributing income or capital to the beneficiary.
Partnership Agreement
A partnership agreement in real estate is a legal document that sets the legal expectations, obligations, and rights of those involved in the real estate partnership. The document reflects the specific agreement between the owners for the purchase and management of the property and provides for any potential disputes that may arise.
Always best to discuss these options with your legal representative for further understanding. These give you some considerations for you while you move forward. Just trying to always help.
Sharon Lanser
I am not #1, You are !