Rental

Legislature Trumps the Courts #408

Legally Speaking

By Edward L. Wilson Lawson Lundell LLP A property owner with surplus lands may be tempted to lease a portion of a parcel of land to gain additional revenue. Farmers lease portions of their lands, as do owners of industrial and commercial properties, often with the assistance of a REALTOR®. However, in many cases, such

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

Condominiums – Leaky – Court Disallowed Fines for Breach of Rental Bylaw; Owners Entitled to a Hearing #316

Legally Speaking

By Gerry NeelyB.A. LL.B. Two strata owners, who were faced with a rental bylaw limitation, rented their condominium to their adult children without seeking permission from the strata corporation. At various times over several years, permission to rent was denied, then given, and then denied. The owners tried unsuccessfully, in a poor market, to sell

Lease – Renewal, No Renewal Agreement, Initial Lease Terms Binding Upon Tenant; Operating Expenses Not Defined and Therefore Uncertain; UFFI – Damages for Breach of Warranty #278

Legally Speaking

By Gerry Neely B.A. LL.B The omission of wording in a lease renewal clause that the renewal would be void if the parties were unable to agree upon the renewal terms, led to some surprising results, at least for the tenant. The right to renew the initial term for a further period of three years,

Reference: Children – Prohibitions Against Residing in a Building #144

Legally Speaking

By Gerry NeelyB.A. LL.B. The tight rental market in Victoria and the lower mainland has made it difficult for families with children to find accommodation, particularly since a number of condominiums and apartment buildings prevent children from residing in them. This has led to a demand for amendments to the Human Rights Act of British Columbia, to

Property Purchase Tax Act (Continued) #107

Legally Speaking

By Gerry Neely B.A. LL.B On July 10, 1987, the Ministry of Finance closed the loophole referred to in the second example in Column 106 by an amendment to the PPTA, rather than by regulation. The first example given in that column of the purchase by a husband and wife was intended to illustrate the

Capital Gains Tax – Principal Residence #96

Legally Speaking

By Gerry NeelyB.A. LL.B. Following the death of a woman in 1982 who lived on a parcel of land of 6.09 acres, the Department of National Revenue assessed a taxable capital gain of $202,800.00 on the deemed disposition of the property. This assessment was based upon the Department’s contention that only one acre was necessary

Leases #93

Legally Speaking

By Gerry NeelyB.A. LL.B. Unless you are a property manager and actively involved in residential leases, the oddities of the Residential Tenancies Act, once known to you, may now be forgotten. This could apply particularly to a fixed term house lease, say of 12 months which as everyone knows, automatically expires at the end of the

Understanding Stock Clauses #5

Legally Speaking

By Gerry NeelyB.A. LL.B. In reviewing lengthy legal documents, we may often concentrate on the meat of the agreement (the payments, the rents, the interest rate, etc.) and cast only a fleeting glance at the clauses which are variously described as the stock clauses, the fillers or just “all that bumpf”. In doing so, we