One of the most common questions in Calgary commercial real estate is: “Do I need to register my lease at the Land Titles Office?” The short answer is: not always—but sometimes it’s useful.
In Alberta, lease registration can strengthen a tenant’s rights and increase property value for landlords. But whether it’s necessary depends on the lease length, the parties’ investments, and the timing of other registrations, such as mortgages.
Why Lease Registration Matters
Registering a commercial lease (or more commonly, a Lease Memorandum) with the Alberta Land Titles Office makes it a matter of public record. This can help protect the tenant’s rights if ownership of the building or land changes, because future buyers can see the registered lease and are more likely to be bound by it.
However, registration doesn’t override all circumstances. In particular:
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If a mortgage is registered before the lease, and the lender forecloses, the lease may still be extinguished—even if it’s registered.
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If the lease is registered before the mortgage, the tenant usually has stronger rights to remain in place if foreclosure occurs.
In short: registration improves protection, but priority matters.
When Lease Registration is Typically Warranted
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Leases Longer than 3 Years
Under Alberta law, leases of 3 years or less are enforceable against a new owner even without registration. But for leases over 3 years, registration is often required to bind third parties (like purchasers or lenders). However, in practice, registration of a commerical lease is typically unneccessary for leases with lower than 10 year terms. -
Significant Tenant Investments
If a tenant is spending heavily on build-outs, equipment, or renovations, registration reduces the risk that a new owner could ignore the lease. Still, other protections—like landlord consents or estoppel certificates—may also be important. -
Lender Requirements
Landlords may need anchor tenant leases registered to satisfy financing or refinancing conditions.
How Lease Registration Works in Alberta
Instead of filing the full lease (which contains sensitive business terms), the parties usually register a Lease Memorandum (or Notice of Lease). This shorter document includes:
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Names of landlord and tenant
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Description of the leased premises
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Lease term and renewal options
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Any key rights (e.g., expansion, purchase)
It does not include rent or financial details. Either party can file the memorandum, though it’s often prepared by the tenant’s lawyer.
Practical Considerations in Calgary
Many small or mid-sized businesses—like independent retailers, small offices, or restaurants—do not register their leases, since:
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It involves extra legal fees and paperwork (though Land Titles registration costs themselves are modest).
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Some landlords prefer not to register leases, as it complicates financing.
But registration is more common for:
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Big-box retailers, banks, and grocers who plan to be in a space for decades
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National or franchise tenants
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Medical users and tenants investing heavily in improvements
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Long-term (10+ years) ground leases
Rule of Thumb
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Tenants: If your lease term is longer than 3 years, or you’re investing significant capital into your space, registration is worth considering. However, it may not be practical for a lease term that is 10 years or less due to legal and other fees that will be incured.
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Landlords: Registering anchor tenants can strengthen financing and property value.
That said, registration is not a guarantee—priority of registrations and lender rights still apply.
Final Thoughts
Registering a commercial lease in Calgary is not always necessary, but it can be a smart safeguard in the right circumstances. The decision depends on lease length, investment level, and property financing structure.
Before registering, both landlords and tenants should consult with their commercial real estate lawyer and broker to understand the costs, benefits, and risks in their specific situation.
At Leaseco Realty, we specialize in guiding business owners and investors through the full commercial leasing and ownership process—from property search to financing strategies and deal negotiation. By making an informed decision, you can protect your investment and avoid surprises down the road.
Looking for financing guidance or a new property opportunity in Calgary?
Contact us today to speak to a professional commercial real estate broker licensed in Alberta.
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