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Fee Simple Ownership & Airspace Can You Build Anything Above Your Property

Alberta Real Estate Tutor

Release Date: 07/22/2026

Percentage Lease Explained How Do Landlords Share in Retail Revenue show art Percentage Lease Explained How Do Landlords Share in Retail Revenue

Alberta Real Estate Tutor

Percentage Lease Explained: How Do Landlords Share in Retail Revenue? Enroll in courses here: or call our Success Team at : 587-936-7779 What is a percentage lease in commercial real estate? A percentage lease is commonly used in retail properties, shopping centres, and plazas. Under this type of lease, the tenant typically pays: ✔️ Base Rent ✔️ Operating Costs (where applicable) ✔️ Additional Percentage Rent once sales exceed a specified breakpoint Here’s the basic idea: Shopping centres and plazas often invest in marketing and promotions that drive customer traffic to...

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Alberta Real Estate Tutor

Titles Delays: What Does “Pending Registration” Mean? Enroll in courses here: https://www.albertarealestateschool.com/shop/ or call our Success Team at : 587-936-7779 What happens when Land Titles is backlogged? If registrations have not yet been fully processed — including certain notices or registrations — you may still see a “Pending Registration” status. A pending registration is not invisible or missing information. Instead, it indicates that the registration has been submitted but has not yet been fully updated on title. Typically, you may see: ✔️ Pending Registration...

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Fee Simple Ownership & Airspace Can You Build Anything Above Your Property show art Fee Simple Ownership & Airspace Can You Build Anything Above Your Property

Alberta Real Estate Tutor

Enroll in courses here: https://www.albertarealestateschool.com/shop/ or call our Success Team at 📞: 587-936-7779   What does it mean when fee simple ownership rights extend from the surface to the airspace? While fee simple ownership includes rights associated with the land and the space above it, that does not mean an owner can build anything they want without restrictions.   For example, if a property owner wanted to install a tall structure — such as an internet tower to overcome tree coverage — they would generally need to: ✔️ Review applicable zoning...

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Alberta Real Estate Tutor

Enroll in our courses here: https://www.albertarealestateschool.com/shop/ or call our Success Team at 📞: 587-936-7779   What happens when the government takes a property through expropriation? If a government authority needs land for a public project — such as building a recreation centre, road, or other public infrastructure — the property owner cannot simply have their property taken without payment. The property owner (landlord) is typically compensated for the property, generally based on market value.   But what about the tenant? Because tenants do not own...

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Alberta Real Estate Tutor

Enroll in courses here: https://www.albertarealestateschool.com/shop/ or call our Success Team at : 587-936-7779   Do Real Estate Ads Need the Brokerage Name? Social Media Rules Explained   Do real estate advertisements on Instagram, Facebook, or social media need to show the brokerage name? If a real estate professional is advertising a property or real estate services, brokerage information requirements may apply. You may see brokerage information displayed in different ways, such as: ✔️ In the video itself ✔️ At the beginning or end of the video ✔️...

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Alberta Real Estate Tutor

Enroll in courses here: https://www.albertarealestateschool.com/shop/ or call our Success Team at : 587-936-7779 Confused about default insurance and title insurance? They are not the same thing. Default Insurance (High-Ratio Mortgage Insurance) When a buyer has a high-ratio mortgage — meaning: ✔️ Down payment is less than 20% ✔️ Loan-to-Value (LTV) is greater than 80% …the borrower is generally required to obtain default insurance. Default insurance protects the lender if the borrower defaults on the mortgage. Example: A lender has a $200,000 mortgage, but after a default and...

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Alberta Real Estate Tutor

Trying to understand first mortgages, mezzanine loans, junior mortgages, and the capital stack in commercial real estate? Think of the capital stack as the mix of debt and equity used to finance a commercial property purchase or development. For example, on a $5 million commercial project, a bank may not finance the entire amount — especially on higher-risk projects with limited leases, construction timelines, or uncertain cash flow. In many cases: ✔️ First Mortgage – Usually the primary loan, often provided by a bank, with first priority on the property. ✔️ Mezzanine Loan /...

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Alberta Real Estate Tutor

Can a Brokerage Use a Client List for Marketing? Consent Rules Explained Enroll in courses here: https://www.albertarealestateschool.com/shop/ or call our Success Team at : 587-936-7779   Can a brokerage use its client list for marketing without getting additional consent? It depends on what the marketing is for. In real estate, client relationships are typically between the brokerage and the client, with the real estate professional acting on behalf of the brokerage. Because of that, a brokerage may send communications connected to its real estate business, such as: ✔️...

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Alberta Real Estate Tutor

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Alberta Real Estate Tutor

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Enroll in courses here: https://www.albertarealestateschool.com/shop/
or call our Success Team at 📞: 587-936-7779
 
What does it mean when fee simple ownership rights extend from the surface to the airspace? While fee simple ownership includes rights associated with the land and the space above it, that does not mean an owner can build anything they want without restrictions.
 
For example, if a property owner wanted to install a tall structure — such as an internet tower to overcome tree coverage — they would generally need to:
✔️ Review applicable zoning rules and bylaws
✔️ Apply for the appropriate municipal permits
✔️ Receive approval from the municipality or city
 
During the approval process, the municipality reviews the proposal against zoning regulations, land use bylaws, and permit requirements before deciding whether to approve or deny it. Understanding ownership rights, zoning, and municipal controls is an important concept in Alberta real estate.
 
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