Neil Kaplan acts for buyers, sellers, and owners refinancing residential and commercial property across Manitoba — from reviewing your offer to registering the transfer and reporting the closing.
Manitoba land is registered under the land titles system administered by the province’s Land Titles Office, under The Real Property Act: ownership and interests in land — transfers, mortgages, liens, easements — exist on the public register, and a purchase, sale, or refinance is completed by registering the documents that change it. Neil Kaplan acts for buyers, sellers, and borrowers in residential and commercial transactions across Manitoba.
Because title comes from the register, the core of any transaction is the title itself. A title search confirms who owns the property and what is registered against it — mortgages, liens, caveats, and other interests that will have to be discharged, assumed, or dealt with at closing. What the register shows, and what it does not, determines what else the closing has to accomplish.
When a deal collapses, a deposit is contested, or a problem with the property surfaces after closing, the dispute is decided on the documents — the offer, the disclosure statements, and the inspection and other records — under the law of contract. Claims of $20,000 or less are brought in Small Claims Court; larger claims proceed as civil litigation in the Court of King’s Bench before a judge — Small Claims Court is part of that same court, heard by court officers. The time to have the documents reviewed is as soon as the dispute appears, because positions taken in the first letters are difficult to withdraw later.
Manitoba land is transferred by registration at the Land Titles Office under The Real Property Act. The lawyer searches title to confirm ownership and what is registered against the property, prepares and registers the transfer and any mortgage, calculates the statement of adjustments, and moves the purchase funds through trust — the steps that actually make the buyer the owner.
A search of the land titles register for the property. It confirms who owns the land and what interests are registered against it — mortgages, liens, caveats, easements — so they can be discharged, dealt with, or priced into the closing.
The accounting at closing that apportions items like property taxes and utility charges between buyer and seller as of the possession date, so each side pays its own share of the amounts that straddle the closing.
On the contract — the offer to purchase and the documents around it. Claims of $20,000 or less are heard in Manitoba Small Claims Court — part of the Court of King’s Bench, heard by court officers; larger claims proceed as civil litigation in the Court of King’s Bench before a judge.
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