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 …
Metes and Bounds Descriptions come from Base 60 Mathematics
If you are building things, you need to cut and divide things up evenly, or at least as close as possible, then you are probably going to come up with …
Where is Your Front Yard?
By Brian Madigan LL.B. Where is your front yard? Sometimes, this can be a problem. You want to landscape, but you are not quite sure where to put the brick …
Side by Side Driveways Did not Become “Mutual”
The Ontario Court of Appeal recently considered another potential “mutual driveway situation. In English v. Perras, 20 July 2018, the Court decided that the evidence was insufficient to establish the …
Riparian Rights and Locating the Evidence (Ontario)
Question: The survey shows the property line is at water’s edge. The Land Registry shows the line ends there too. The City says there aren’t riparian rights The listing agent …