Deed Restrictions or Restrictive Covenants on Title

Deed Restrictions | Sherwood Forest West

Question:

Sometimes deed restrictions conflict with the zoning , that is, zoning permits a duplex and a restrictive covenant does not.

If during the title search the lawyer discovers that, can it be a cause for the buyer not to close the sale if the Buyer intended to convert the property to a duplex ?

Answer:

Assuming that the requisition was submitted within the correct time frame, that is, prior to the expiry of the requisition period, then the Buyer would have a valid objection to title. If matters were unresolved, then the Buyer would not have to close.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

Deed Restrictions or Restrictive Covenants on Title in Ontario

Question:

Sometimes deed restrictions conflict with the zoning , that is, zoning permits a duplex and a restrictive covenant does not.

If during the title search the lawyer discovers that, can it be a cause for the buyer not to close the sale if the Buyer intended to convert the property to a duplex ?

Answer:

Assuming that the requisition was submitted within the correct time frame, that is, prior to the expiry of the requisition period, then the Buyer would have a valid objection to title. If matters were unresolved, then the Buyer would not have to close.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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