A property owner with surplus lands may be tempted to lease a portion of a parcel of land to gain additional revenue…
Posts tagged with “Subdivision Plan”
Legally Speaking Legislature Trumps the Courts #408
Legally Speaking Subdivision Plan Not Registered By Completion Date #301
A decision made January 29, 1999 now gives us three decisions since 1983, each of which involved the sale of a lot to be created upon the registration…
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 "Time is of the Essence" Consideration #215
One of a licensee’s more difficult tasks is setting the date for completion of the sale of property, which is in the process of being subdivided, and to provide for an enforceable extension of closing should…
Legally Speaking Purchase of an Unsubdivided Lot Vendor's Obligation to Co-operate #195
The purchase of part of a lot, which must be subdivided from the parent property before title can be given to the purchaser, either requires a ten page detailed contract of the rights and responsibilities…
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 Standard Form Contract of Purchase and Sale – Interpretations #108
“Subject to a first mortgage being made available to the Purchaser by July 31, 1987, etc. . . “. Is the word “by” the equivalent of “prior to” or…
Legally Speaking Prospectus, Disclosure Statement and Other Changes #83
More than you ever wanted to know about this subject, but were afraid to ask…
Legally Speaking Prospectus and Court Ordered Sales #80
By the time this is published, we hope that Bill 66, The Real Estate Amendment Act (No. 2) 1985,* has been proclaimed…
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 Section 28 Disclosure Statement #53
Section 28 of the Real Estate Act was amended in 1981 to widen the requirements for disclosure to be made by a licensee prior to the purchase of real estate by the licensee or his associates…
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 Lease for More Than Three Years – Illegal? #32
The Land Title Act requires a tenant with a long-term lease who wishes to register it, to follow the same procedure as does an owner who wants to divide his land into a number of parcels. Specifically, Section 73…
Legally Speaking Licensee’s Authority to Bind His Principal #30
Two recent decisions illustrate the extent to which a licensee can create a binding contract of sale by a vendor, in circumstances where the vendor argued that the licensee had acted without authority…
Legally Speaking Fiduciary Relationship Responsibilities Between the Licensee and Client #29
Legally Speaking Column No. 1 discussed the fiduciary relationship between the licencee and the person who has retained the licencee to sell his property. Those principles were examined in a recent case where the…
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…