Clause 9

Title Considerations: The Clause 9 Problem #444

Legally Speaking

By Jennifer Clee Clause 9 in the Contract of Purchase and Sale requires a seller to deliver title “free and clear of all encumbrances except subsisting conditions, provisos, restrictions, exceptions and reservations including royalties, contained in the original grant or contained in any other grant or disposition from the Crown, registered or pending restrictive covenants