Real Property Reports in Alberta: Why They Still Cause Closing Problems

Real Property Reports in Alberta: Why They Still Cause Closing Problems

A Real Property Report is one of those documents that many buyers and sellers do not think about until it becomes a problem. By then, the closing date may be close, the movers may be booked, and the parties may be trying to solve a property issue under pressure.

In Alberta residential real estate, the Real Property Report, often called an RPR, can matter because it shows where structures and improvements sit on the land. It can identify houses, garages, decks, fences, sheds, and other visible improvements in relation to the property boundaries. Municipal compliance may also be needed to confirm whether those improvements appear to meet local requirements.


Why an RPR matters

An RPR is not just a sketch. It helps buyers understand what they are buying and helps lawyers, lenders, and municipalities identify potential issues. If an improvement crosses a boundary, sits too close to a lot line, or was built without proper approval, the issue may affect the buyer's comfort, the lender's requirements, or the seller's ability to close cleanly.

The concern is not theoretical. A fence may be in the wrong place. A deck may not appear on an older report. A detached garage may have been built after the last survey. A shed, air conditioning unit, retaining wall, or addition may raise questions. These issues often look small at first, but they can become expensive if ignored.


Common RPR problems

The most common problem is that the RPR is outdated. A seller may have a report from years earlier, but the property has changed. Another common issue is missing municipal compliance. Even where the report accurately shows the property, the municipality may need to confirm whether the visible improvements comply with applicable bylaws.

There can also be encroachments. An encroachment means that something appears to extend onto neighbouring land, a utility right-of-way, an easement, or municipal property. Some encroachments can be addressed with agreements, permits, or title insurance. Others require more detailed advice.


Why timing matters

RPR issues are easier to solve when they are identified early. If the seller waits until the last week before closing to order a new report, there may not be enough time to receive the survey, obtain municipal compliance, and resolve any issues.

Buyers should also pay attention before waiving conditions. If the contract gives the buyer the right to review the RPR or related documents, that review should happen before the buyer is locked into the deal wherever possible.


Possible solutions

Not every RPR issue requires the same response. Depending on the contract and the seriousness of the issue, the parties may consider an updated report, compliance application, title insurance, a closing holdback, repair or removal of the improvement, an encroachment agreement, or an amendment to the purchase contract.

The right solution depends on the nature of the problem. Title insurance may help with some risks, but it is not a cure for every physical or legal issue. A holdback may be practical in some deals, but only if the parties agree on clear terms. A buyer should not assume that a late RPR issue is harmless simply because the parties want the deal to close.


Why legal review helps

A real estate lawyer can review the contract, title, RPR, compliance status, lender requirements, and proposed solution together. That matters because each piece affects the others. A practical fix for the seller may not satisfy the lender. A solution that allows closing may still leave the buyer with future risk.

For Edmonton buyers and sellers, the best approach is simple: raise RPR issues early, review the documents carefully, and avoid treating survey and compliance problems as last-minute paperwork.