Subdivision Plan

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

Subdivision Plan Not Registered By Completion Date #301

Legally Speaking

By Gerry NeelyB.A., LL.B. A decision made January 29, 1999 now gives us three decisions since 1983, each of which involved the sale of a lot to be created upon the registration of a plan of subdivision of a larger parcel. The issue in each case was whether a seller could force the completion of sale

"Time is of the Essence" Consideration #215

Legally Speaking

By Gerry NeelyB.A., LL.B. One of a licensee’s more difficult tasks is setting the date for completion of the sale of property, which is in the process of being subdivided, and to provide for an enforceable extension of closing should registration of the subdivision plan be delayed. Several recent decisions have revolved around the interpretations

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

Property Purchase Tax Act, Bill 60 #115

Legally Speaking

By Gerry Neely B.A. LL.B The Property Purchase Tax Act became law in March of 1987, and amendments to it were made in December, 1987, by Bill 60, mainly to close loopholes or to remove ambiguities in the Act. One loophole was found by developers in the definition of an Agreement for Sale. The definition

Prospectus and Court Ordered Sales #80

Legally Speaking

By Gerry NeelyB.A. LL.B. By the time this is published, we hope that Bill 66, The Real Estate Amendment Act (No. 2) 1985,* has been proclaimed. If it has and the Superintendent has made available the form and contents he will require for a disclosure statement, then the long wait to obtain approval of a prospectus, which

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

Section 28 Disclosure Statement #53

Legally Speaking

By Gerry NeelyB.A. LL.B. Section 28 of the Real Estate Act was amended in 1981 to widen the requirements for disclosure to be made by a licensee prior to the purchase of real estate by the licensee or his associates. The amendment required the preparation of a disclosure statement “in the form and manner prescribed by the

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

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

Prospectus, Disclosure Statement and Other Changes #83

Legally Speaking

By Gerry NeelyB.A. LL.B. More than you ever wanted to know about this subject, but were afraid to ask. The changes to Part 2 of the Real Estate Act that have been made over the past three years, ending with the most recent policy statements Numbered 7 and 9 issued by the Superintendent in December, 1985, justify

Licensee’s Authority to Bind His Principal #30

Legally Speaking

By Gerry NeelyB.A. LL.B. Two recent decisions illustrate the extent to which a licensee can create a binding contract of sale by a vendor, in circumstances where the vendor argued that the licensee had acted without authority. In the first case, a purchaser made an offer through the selling agent to purchase the vendor’s house

Fiduciary Relationship Responsibilities Between the Licensee and Client #29

Legally Speaking

By Gerry NeelyB.A. LL.B. Legally Speaking Column No. 1 discussed the fiduciary relationship between the licencee and the person who has retained the licencee to sell his property. Those principles were examined in a recent case where the licencee exchanged his property for that of the principal’s property. The principal had listed a 2 1/2-acre semi-rural

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