Legally Speaking The Section 9 Trap #507

When a residential listing agent receives an offer in the standard form, Contract of Purchase and Sale, the licensee should…

Legally Speaking Old Is Not Necessarily Obsolete #480

On occasion, buyers become interested in properties that are subject to historical easements, some over one hundred years old…

Legally Speaking Modification of an Easement Agreement #385

When is an easement not an easement? “When the rights granted by it detract so substantially from the rights of the servient owner that it must be something other than an easement.”

Legally Speaking Fire Damage Before Closing – Rights and Responsibilities of Buyer and Seller; Easement With or Without Motor Vehicles – No Parking on Easement Area #350

When a fire destroyed or damaged a house before the completion date for its sale, at common law the buyer had to complete the purchase and pay the contract price, unless the contract…

Legally Speaking Warranty By Numbered Company – Bankruptcy – Licensee’s Liability for Failure to Advise Seller to Take Security for the Warranty; Private, Not Public Rights of Way and Paragraph 9 of the Contract Of Purchase and Sale #317

What is a licensee’s duty of care to a client who is negotiating the purchase of a commercial property from a numbered company that agreed to give an unsecured warranty…

Legally Speaking Property Law Act – Encroachments and Easements, Power to Allow, Modify or Cancel #273 / #274

While from time to time we all rail against too many laws weighing us down, there are laws created by legislation which provide remedies for the problems created by our shortsighted predecessors…

Legally Speaking Psychologically Impacted Property – The Haunted House; Rights Attached to an Easement #192

Generally, when we consider a licensee’s duty to disclose material facts concerning the property in question, we think of material facts relating to the physical condition of the property…

Legally Speaking Clause One – Contract of Purchase and Sale; Condominium Bylaw #188

Column #160 discussed a Vancouver case where a purchaser was successful in avoiding the completion of a purchase because the vendor was unable to remove a private easement charging his property for the benefit…

Legally Speaking The Undedicated Access Road #158

When city folk move to the back country to homestead, they leave behind not only the amenities of urban living such as art galleries, Granville Island and the pizzas on the run to which they have become…

Legally Speaking Residential Tenancy Act – Water Line Easement #35

A local Judge of the Supreme Court has decided in a Chambers application, that a landlord who gives notice to a tenant to vacate the landlord’s premises because the landlord intends to occupy them, is entitled to do…

Legally Speaking State of Title Certificate Would Have Avoided Award of Excessive Damages #28

One conclusion to be drawn from a recent decision of the Chief Justice of the Supreme Court of British Columbia is that a search of title or the purchase of a $3.00 State of Title Certificate would have avoided an…

Legally Speaking Issues for Developers, Easements and Subdivision Plans #11

You own seventeen acres of vacant land in West Vancouver for which you have obtained approval of a plan of subdivision which requires the dedication of a road along the northern boundary of your property…