Conveyancing

Land Owner Transparency Registry Filing Extended to 2022

The Land Owner Transparency Registry (LOTR) filing deadline has been extended to November 30, 2022, without incurring penalties. This extension gives reporting bodies with interests in land more time to file a transparency report.  According to the BC government, they “heard from legal professionals in BC that pre-existing owners need more time to gather information about ownership and prepare to file with the registry.” 

Conveyancing Considerations During the COVID-19 Pandemic

The second half of 2020 has been a busy time for real estate transactions, which has resulted in an increase in conveyancing. To help control the spread of COVID-19, it remains paramount to continue using technology to reduce in-person contact during all aspects of a transaction, including conveyancing. In dealing with the consequences of the

Land Owner Transparency Registry Filings Required Beginning November 30

The Land Owner Transparency Act (LOTA) and the Land Owner Transparency Registry (LOTR) come into effect on November 30, 2020, and that means REALTORS® should prepare for changes to practice when completing a transaction to allow for the new reporting requirements outlined by LOTA. How does this affect your practice? Beginning on November 30, 2020,

UPDATE: Conveyancing in the Time of COVID-19 – So Far

This post was updated on April 3, 2020 to include additional information on remote witnessing of affidavits in support of land title applications. Even with the Land Title and Survey Authority’s (LTSA) notice temporarily allowing for affidavits for use in land title applications to be taken remotely (by video), there may still be other documents

Old Is Not Necessarily Obsolete #480

Legally Speaking

On occasion, buyers become interested in properties that are subject to historical easements, some over one hundred years old. The Property Law Act provides that a court may cancel an easement where the easement is “obsolete.”  Some buyers, and occasionally their advisors, assume that anything old must, for that reason alone, be obsolete and proceed

Aboriginal Land Development and Sale (Continued) #330

Legally Speaking

By Gerry NeelyB.A. LL.B. The importance of a homeowner’s association was alluded to in Legally Speaking column 329. The association’s role in a development is equivalent to that of a strata corporation. It provides the mechanism through which the owners of leasehold interests in a development, or a phase of a development, govern the administration of their

Norfolk v. Aikens #155

Legally Speaking

By Gerry Neely B.A. LL.B This decision of the British Columbia Court of Appeal led to the distribution among the boards of a two-clause addendum to the Standard Contract of Purchase and Sale. This was done because the reasons for judgment highlighted the distinction between the conveyancing practice through which almost 100% of all real

Vendor’s Problem With Clearing Title #55

Legally Speaking

By Gerry NeelyB.A. LL.B. The standard Interim Agreement form contains a clause requiring the vendor to deliver a title clear of the vendor’s financial charges. Generally, the vendor depends upon the receipt of the purchase monies to do this. In all instances where we have a willing vendor and purchaser, cooperation between the conveyancers acting

Due Diligence Irrelevant; Time Is of the Essence #36

Legally Speaking

By Gerry NeelyB.A. LL.B. A number of decisions in the past few years have emphasized the necessity of recognizing the commercial reality which leads to the formation of the agreements entered into in the real estate industry. As one Court stated, if all interim agreements to purchase were to include all of the details that

Solicitors Conflict of Interest Rules Affecting Vendors #33

Legally Speaking

By Gerry NeelyB.A. LL.B. Column No. 26 discussed the increasing number of successful damage actions brought against lawyers by vendors in transactions where the lawyers in question considered that they were acting for the purchasers only. These actions were successful because the Courts held that in the particular circumstances, the lawyers owed a duty of

Damages, Deposits; Separate Legal Representation for Vendors #26

Legally Speaking

By Gerry NeelyB.A. LL.B. In an Ontario case which arose because of a purchaser’s refusal to close a real estate transaction, the vendors were awarded S5,000.00 general damages for the “vexation, frustration, distress and anxiety, caused solely by the failure of the Defendants (Purchasers) to complete this transaction upon the date agreed upon.” This was

Duty of a Vendor to Make Himself Available on Closing Date #10

Legally Speaking

By Gerry NeelyB.A. LL.B. Can vendors who neither want to complete their sale nor pay a commission, succeed by the simple act of making themselves unavailable at the time fixed for completion, and by instructing their conveyancer to do the same. Not according to a decision of a Vancouver County Court Judge in an action