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 …
Covenants, Conditions and Restrictions
Covenants, Conditions and Restrictions Sometimes people will ask, just what is in a covenant? What do they look like? What do they say? How detailed are they? So, if you …
Private Deed Restrictions
From time to time the question of private deed restrictions comes up. What do they mean? Where are they registered? Who enforces them? An owner of a parcel of property …
Creation and Alienation of Life Estates
Life estates are relatively straightforward; they are simply estates “for life”. So, if Robert leaves an estate to James for his lifetime, then when James dies, it is longer part …
Fire Department and Other Municipal Searches
Question: Does the Seller have to agree to fire department and other related municipal searches? Answer: Yes, they do, in they signed the standard Form OREA Agreement of Purchase and …
Squatter Makes Millions!
And you thought squatter’s rights were abolished years ago. In part, you’re right, but you must remember that there are two systems of land registration. Under the land titles system, …
Property Division under Power of Sale
Question: There are 2 sellers on title, one moved out but continued to pay their half of mortgage. Seller in home missed two mortgage payments, so the Bank has implemented …