Land Title

One Man’s Opinion – A Conversation with the Readers (Part 2) #403

Legally Speaking

By Gerry Neely B.A. LL.B In his final issue as author of Legally Speaking, Gerry continues with his two-part discussion on legal issues in the real estate profession. When you reflect back on your authorship of Legally Speaking, was there one column that stood out and that you’re particularly proud of? Yes—column 224 (September 1994).

Title Insurance – Part 3 of 3 #323

Legally Speaking

By Gerry Neely B.A. LL.B Some banks and credit unions are now requiring title insurance for the refinancing of consumer mortgages. This, according to a bank spokesperson, provides for a more efficient system at less cost. From the lender’s prospective, the benefits of title insurance coverage include: removing concerns over negligence; making the insurance no-fault;

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

Appraiser and Real Estate Licensees – Question of Liability #105

Legally Speaking

By Gerry Neely B.A. LL.B John and Joan were looking for revenue property which they found in 1980 thirteen miles east of Smithers Iying between the Yellowhead Highway and the Bulkley River. In addition to the house they intended to occupy, the parcel of land contained eighteen mobile home pads and a recreational camping ground

Restrictive Covenants – Cancellation or Modification #76

Legally Speaking

By Gerry NeelyB.A. LL.B. 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. No obvious source of new listings was apparent, and it looked as if cold calls might be the only antidote to

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

Lease for More Than Three Years – Illegal? #32

Legally Speaking

By Gerry NeelyB.A. LL.B. 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 provides that unless there is compliance with the subdivision requirements of the Act, “no

Land Title Office Records and the Highways Act #27

Legally Speaking

By Gerry NeelyB.A. LL.B. A purchaser entered into an agreement for the purchase of land adjoining the highway which, according to his search of title in the Land Title Office, was of a certain area. Subsequent to the completion of the purchase, a survey revealed that the actual area was twenty five per cent less