The subdivision and part lot control provisions of section 50 of the Planning Act are lengthy and complex. Sometimes it can be difficult to sort out the parts that apply to a present-day transaction, or the extent of the abutting lands search that is needed to confirm that no contravention occurred in the past. The consequences of contravention are dire: if a transfer, mortgage or other dealing with land does not comply with the section or a predecessor, it does not create or convey an interest in land. Because of this, the section is a significant source of malpractice claims.

This article by Lisa Weinstein, Vice-President, TitlePLUS, summarizes the parts of the section that apply in the situations most often encountered by real estate practitioners.

Categories: Real Estate