Legally Speaking Stay Cool – New Home Buyer Rescission Period for Residential Real Properties Coming January 3, 2023 #555

BC’s new Home Buyer Rescission Period (HBRP) for residential real estate property takes effect on January 3, 2023 and while it is not a new concept, REALTORS® need to be aware of the effects of the new regulation

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 Building Schemes – Consequences of Failing to Obtain Building Plan Approval #375

In carrying out their duties, licensees, lawyers and notaries give their clients copies of titles, registered building schemes and other restrictive covenants and, in doing so, often duplicate them…

Legally Speaking Property Law Act, s.6—Seller Must Have Title to Sue; Commission Case—No Breach of Fiduciary Duty #373

A couple who agreed to purchase a yet-to-be-constructed condominium from a developer repudiated the agreement after it was built because their complaints could not be resolved…

Legally Speaking Easements – Obsolete or Not – Property Law Act #358

Section 35 of the Property Law Act provides for the cancellation of an easement if it is obsolete due to changes in the character of the land, the neighbourhood…

Legally Speaking Encroachments on Adjoining Property – Property Law Act #291

Occasionally a property owner builds a wall, fence, walkway or structure partly on adjoining property…

Legally Speaking Listing Contract – Cancellation and Relisting; Discharge – Ministry Of Highways – Attempt to Reserve Property for Future Highway Use #280

Column #279 discussed the cancellation of a listing, which cancelled the holdover clause and the practice of cancelling an MLSO listing of property, which has been on the market for a number of days to give…

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 Obtaining Credit By False Representation #257

Column #77 discussed an attempt to obtain financing through the use of the Contract of Purchase and Sale, one between the parties and one for the mortgage company…

Legally Speaking Fraudulent Misrepresentation Made Against Sellers #238

The Property Condition Disclosure Statement, was the basis for proof of a claim of fraudulent misrepresentation made against sellers, by buyers, when…

Legally Speaking Mutual Rights of Way Continued #207

What are Rowan’s rights as the owner of land over which there is a common driveway, shared with the adjoining neighbor Martin, where Martin has an obligation to repair, but fails to do so?…

Legally Speaking Restrictive Covenants #197

The Land Title Act allows a developer who subdivides a parcel of land into lots to register a statutory building scheme which will be binding upon all purchasers and subsequent owners…

Legally Speaking Whose Responsibility is it to Prepare the Transfer Documents? #170

Paragraph 3 of the Contract of Purchase and Sale states that the purchaser will bear all costs of the conveyance; this is consistent with a number of decisions in the B.C. Supreme Court made between 1975 and 1990…

Legally Speaking Encroaching Buildings or Fences – Property Law Act, Section 32 #143

If someone offers to bet on favourable odds to you that he can subdivide a parcel of land and register title to part of it in his name without ploughing through the usual subdivision process with all of its approval…

Legally Speaking Residential Mortgage or Residential Agreement for Sale – Limitation of Liability Under #125

The recession of the early eighties left many purchasers of homes unable to make the monthly payments under the mortgages they assumed when they…

Legally Speaking Restrictive Covenants – Cancellation or Modification #76

It’s been a hot summer and not just in the forests. The stack of listings you had in June have sold, disappearing as rapidly as pancakes at a loggers’ breakfast…

Legally Speaking CPI Rental Increase Formula; Woodstoves; Vendor’s Continuing Liability to Mortgagees Following Sale #44

Column 41 discussed a matter raised by the Vancouver Island Real Estate Board concerning the potential uninsurability of a home whose owner failed to disclose to his insurer that a woodstove was a source of heat…

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…