Many people would think that what’s in an Agreement of Purchase and Sale would govern. Apparently, not! It’s what is visible and what a prospective purchaser would think was part …
Driveway: What You See is What You Get
The driveway was 9 feet wide. That’s what the Buyer saw and bargained for in the Agreement of Purchase and Sale. In fact, the neighbours claimed that they owned two …
Legal Non-Conforming Use in Ontario
This is an issue under the zoning by-laws. It is important to note that all zoning by-laws are forward looking. They speak to the future and not the past. They …
Understanding Exclusive Use in Condominiums
(Ontario) Question: I am having difficulty understanding “exclusive use”: ” One or more owners may have exclusive use of selected common elements, such as parking spaces and balconies.” Answer: It’s …
Mutual Driveway Issues Related to Abutting Areas
Question: What do you think can and can’t be done with the highlighted area in the picture? For example, can a hose or recycle bins or garden shed be stored …
Retaining Wall Collapsing at the Rear of the Yard
(Ontario) Question: House is for sale with deteriorating retaining wall. It’s an Estate sale. Executors do not know if wall is on the property. There is no survey. Nothing is …
Retaining Wall Falling Down
(Ontario) Question: How do you deal with a property with a falling down retaining wall between properties? The Sellers agent knows nothing. The higher property (The neighbours) has a retaining …
Debate over the Title Search
Question: What is included in the title search? a, liens b. outstanding mortgage c. taxes d. easements Various answers were provided as to which answers were correct. Answer: This is …
Minor or Major Easements
(Ontario) Question: Are there any criteria to decide what kind of easement to allow the buyer to terminate the agreement? If they are related to the government, then the buyers …
Lakefront Properties
Ontario Question: If a property owner has a lot on the lake and there is no road allowance how do you know how far up to the lake they own …