One of the most important things I stress to Realtors and purchaser clients is to make sure it is very clear in the agreement of purchase...
Simply defined in the Blacks law dictionary, an easement is an interest in land owned by another person, consisting in the right to use or control...
If capital property of a taxpayer is transferred to a qualifying inter vivos spousal trust, s.73(1) of the ITA permits the property to be transferred at...
Time for searchesBefore closing a real estate transaction, a real estate lawyer will need time to search title, executions and make off-title searches or inquiries. The...
In the OREA standard form agreement (“OREA Agreement”), there is a blank space provided where it should be indicated whether taxes are “included in” or “in...
Spousal consentWhen selling a matrimonial home like a principal residence or cottage, it is always necessary to have the non-title holding spouse consent to the sale. ...
Choosing a closing date The closing date can be whenever the parties agree upon, however selecting a closing date on a weekend or statutory holiday will prevent your...
Fixtures and chattelsThe specification of chattels versus fixtures happens to be one of the more contentious issues arising in a real estate transaction. To recap past...
Zoning Disputes concerning the Smartcentres have been in the spotlight for much of this past year, illustrating the significant hurdles developers face when seeking approval for...
It would appear from the papers reviewed so far in this series that the emphasis was on Commercial Law jurisprudence. There are instances, however, where matters...