Property Law Act

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

Building Schemes – Consequences of Failing to Obtain Building Plan Approval #375

Legally Speaking

By Gerry NeelyB.A. LL.B. In carrying out their duties, licensees, lawyers and notaries give their clients copies of titles, registered building schemes and other restrictive covenants and, in doing so, often duplicate them. It’s surprising then to find cases involving restrictive covenants, where buyers must have forgotten their existence or significance, with resulting costly consequences.

Easements – Obsolete or Not – Property Law Act #358

Legally Speaking

By Gerry NeelyB.A., LL.B. Section 35 of the Property Law Act provides for the cancellation of an easement if it is obsolete due to changes in the character of the land, the neighbourhood or other material circumstances. Without this section, the following easement interests, which were the focus of two recent cases before the British Columbia Court

Encroachments on Adjoining Property – Property Law Act #291

Legally Speaking

By Gerry NeelyB.A., LL.B. Occasionally a property owner builds a wall, fence, walkway or structure partly on adjoining property. This is usually the result of a misunderstanding of the location of the common boundary line between the two properties. Decades ago an encroached-upon owner would have had the right to have the encroachment removed. The law

Obtaining Credit By False Representation #257

Legally Speaking

By Gerry NeelyB.A., LL.B. Column #77 discussed an attempt to obtain financing through the use of the Contract of Purchase and Sale, one between the parties and one for the mortgage company, the latter agreement for a higher price and larger down payment than the parties agreed upon. It is a criminal offense to attempt

Fraudulent Misrepresentation Made Against Sellers #238

Legally Speaking

By Gerry NeelyB.A., LL.B. The Property Condition Disclosure Statement, (PCDS), was the basis for proof of a claim of fraudulent misrepresentation made against sellers, by buyers, when the buyers had to pay approximately $4,000 to correct the septic system problems they found when they took possession of the property. The sellers stated in the PCDS

Mutual Rights of Way Continued #207

Legally Speaking

By Gerry NeelyB.A., LL.B. What are Rowan’s rights as the owner of land over which there is a common driveway, shared with the adjoining neighbor Martin, where Martin has an obligation to repair, but fails to do so? In 1967 when the right of way was created, whoever owned the adjoining property agreed to pay

Restrictive Covenants #197

Legally Speaking

By Gerry NeelyB.A., LL.B The Land Title Act allows a developer who subdivides a parcel of land into lots to register a statutory building scheme which will be binding upon all purchasers and subsequent owners. The typical building scheme contains a number of restrictive covenants whose purpose is to set standards sufficient to create an orderly development

Encroaching Buildings or Fences – Property Law Act, Section 32 #143

Legally Speaking

By Gerry NeelyB.A. LL.B. 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 requirements, don’t take the bet. The reason-Section 32 of the Properly Law

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

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