Easement

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

Modification of an easement agreement #385

Legally Speaking

By Gerry NeelyB.A. LL.B. 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.” This quote is from the reasons for judgment interpreting an easement agreement granting access over Lot 3 (the servient

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

Legally Speaking

By Gerry Neely B.A. LL.B 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 otherwise provided. For this reason, the Contract of Purchase and Sale includes Clause 16 which allocates risk

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

Legally Speaking

By Gerry Neely B.A. LL.B 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? This was the issue in an Ontario case where the licensee drafted the warranty clause in the contract he prepared

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

Legally Speaking

By Gerry Neely B.A. LL.B 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 of adjoining property easement. He was successful because clause one of the standard form Contract of

The Undedicated Access Road #158

Legally Speaking

By Gerry Neely B.A. LL.B 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 accustomed, but they also may leave behind the certainties of surveys, registered plans,

Residential Tenancy Act – Water Line Easement #35

Legally Speaking

By Gerry NeelyB.A. LL.B. 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 so even though only part of the premises are to be occupied by

Issues for Developers, Easements and Subdivision Plans #11

Legally Speaking

By Gerry NeelyB.A. LL.B. 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. Your problem is an easement crossing the area of the proposed road, in favour of the