(Ontario) Question: Having troubles understanding the exact difference between these 2, land development agreement and site plan agreement? Answer: Size is basically the difference. With a land development agreement you …
Can You Spot the Problem: Brick Fence
There are a few problems that real estate agents should notice without being told. Look at this brick fence! Just exactly where is it? Does it show on the survey? …
Merger of Titles in Ontario
Question: I understand that if someone purchases adjoining’ land/properties … that the 2 merge “as one” and would eventually need to be severed before any parcel can be sold. My …
Mutual Driveway – Found in Title Search- Remedies
Oftentimes, the issue of a mutual driveway will come up in discussions and sometimes Buyers and Sellers alike will wonder where they stand. Question: If the title was searched by …
Computation of the Area Shown on an Irregular Survey
Question: How do I figure out the area shown on a survey? I just need an approximation. Answer: There is a little bit of a shortcut here and for other …
Prescriptive Easement for Right of Way (Ontario)
Prescriptive Easement for Right of Way (Ontario) Question: I am about to submit an Offer on a cottage property. Access requires travel over the properties of three adjacent owners. This …
Easements Created by Necessary Inference (Implication)
There are not a lot of these around, but they do arise on occasion. When? When the property increases in value, that’s when! This is a case that took place …
Do Any Rights Arise from Long Term Use?
Question: The Owner of a property has been sharing the neighbour’s well since the 1970’s. The property is now to be sold. There is no “agreement” in writing. The neighbour …
Using a Common Survey Clause (Ontario)
Question: Consider the use of the following clause which is in common usage: “The Seller agrees to provide, at the Seller’s own expense, not later than 9 pm on the …
Should You Get a Survey?
A very substantial error occurred in a real estate transaction. The purchaser was interested in buying a cottage property. As it turned out, the building which she thought she was …