Question: I am acting on behalf of a Buyer who really needs to sell their pre-construction condo. The Developer will not consent. What can they do? Answer: You can assign …
Can a Corporation Be a Joint Tenant?
From time to time people wonder whether a corporation can hold title as a joint tenant. After all, it can’t really die? Strange question, in fact, I have been asked …
Does Title Insurance make sense?
That’s a good question. Prior to 1997, there was no commonly available title insurance in Ontario and yet it was the norm in the United States. Solicitor’s Opinion Traditionally, purchasers …
Selecting a Title Search Date without Negligence
It seems unusual for a real estate agent to be selecting a title search date without speaking to the client’s lawyer, yet, they do all the time. Rarely, if ever, …
The Legal Definition of Good Title
The traditional definition of good title in law, is a title without any qualifications, exceptions or explanations. A solicitor’s opinion on title would point out any matters that were relevant …
Mutual Driveways: Ownership, Use and Maintenance
So, just what is a mutual drive and how does it work? You will probably find that mutual driveways are located in downtown areas that might originally have been the …
Matrimonial Home Designations in Ontario
Properties that qualify as matrimonial homes should ordinarily be presumed to be such unless there is good evidence to the contrary. Although it occurs infrequently, questions often arise about matrimonial …
Possessory Title Explained
A “possessory title” is a title to property which is not evidenced by the registered chain of title. So, you can’t simply go to the registry office and look up …
Non-Resident Speculation Tax
Effective March 30, 2022, the Non-Resident Speculation Tax (NRST) rate was increased to 20 per cent and expanded to apply throughout the Province. The NRST may apply on the purchase or acquisition …
Perimeter Fencing ~ Who Owns it?
That’s a good question and it’s not easy to figure out. Well, it starts out easy, but then fences fall down, get repaired or replaced and people move. So, eventually …