Although it is the general rule that the acceptance of a deed is prima facie full execution of the agreement to convey, and preliminary agreements and understandings relating to the sale of …
Long Form of Agreement
Brian Madigan LL.B. There are actually two separate and distinct documents used to evidence an agreement to convey land: 1) agreements of purchase and sale, and2) agreements for sale. The …
Lots: Vacant, Empty, Buildable, Ready for Development
What does all this mean? You see an ad for a “fixer-upper” but you’re not handy and you really don’t want something hodge-podge in the end for a million dollars …
Doctrine of Merger ~ Just Simplification
The doctrine of merger is an ancient common law doctrine. Essentially it is just simplification. Let’s look at three examples: 1) Tenant purchases leased land, 2) Purchaser completes the closing, …
Matrimonial Home Designations in Ontario
There is an opportunity under the Family Law Act to designate a home as a “matrimonial home”. You might think that married couples would wish to avail themselves of this …
History of Fee Simple Ownership of Real Estate
It can be quite difficult to understand the concept of fee simple ownership when it comes to real property without looking at some of the history. We have to go …
Section 116 Income Tax Act Canada ~ Real Estate Sales by Non Residents
In accordance with the provisions of Division D of the Income Tax Act, non residents are taxed upon the disposition of taxable Canadian property. The definition set forth in …
Should You get Title Insurance or a New Survey?
Actually, it shouldn’t be one or the other. It should be both. One of the problems is that title insurance was marketed as a cheaper alternative to a survey. …
If You Buy the House: Do you Get the Keys?
This is a simple enough question. If you ask people; 99% will reply that keys are a part of the house. In fact, they are part of the locking system …
Title Insurance: Is it Necessary?
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 …