(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 cannot terminate? If they are related to very personal factors (such as the right of way for some person to cross), the buyer has the right to terminate?
Answer:
The issue is whether or not they are “material”, that is, would they affect a reasonable Buyer’s decision whether or not to buy the property. A Court would use an objective test to determine this.
Whether the easement is government related in some way doesn’t matter.
Brian Madigan LL.B., Broker