Areas of Law
Dealing with Parcels of Tied Land in Ontario: A TitlePLUS perspective
On May 5, 2001, when the Condominium Act, 1998 came into force, it created the real estate entity known as a Parcel of Tied Land (“POTL”). A POTL is a freehold parcel of land, or a standard condominium unit, which is inextricably tied to a share in a Common Elements Condominium (“CEC”). The POTL is… Read More »
Categories: Real EstateRequisition: a process, not just a letter
By definition, a requisition is the act of formally requiring or calling upon someone to perform an action. However, one cannot demand performance without fully knowing what to request. Requisitions are not merely a means of communication between two parties but a process by which matters requiring attention, such as defects in title, are investigated… Read More »
Categories: Real EstateCommercial Title Insurance: Don’t let big picture thinking stop you from caring about the details
Title insurance can be a useful tool in commercial real estate transactions as policies usually provide coverage that will shield buyers from risks that can affect ownership and/or future marketability of a property. While it is tempting to assume that the coverage afforded under a commercial title insurance policy would be similar to that of… Read More »
Categories: Real Estate, The TitlePLUS Program & Title InsuranceSubdivision control under the Planning Act: What do you need to know?
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… Read More »
Categories: Real EstateNew LAWPRO video helps inform the public of cottage ownership issues
As part of LAWPRO’s public awareness efforts to promote the role of the lawyer, we have produced a video: Cottage ownership: Know what you’re buying. The video seeks to raise awareness about title and other issues of particular relevance to cottages, such as shoreline allowances and seasonal access restrictions. We will be promoting this video… Read More »
Categories: Real EstateIs your purchaser client entitled to an HST New Housing Rebate?
Canada’s HST New Housing Rebate program, created under s. 254 of the Excise Tax Act, offers significant economic relief to qualifying purchasers of qualifying properties. However, the eligibility criteria are complicated, and have been strictly applied by courts. To avoid claims based on a client’s non-receipt of the rebate (or on having had it clawed… Read More »
Categories: Real EstateLAWPRO Magazine practice tip: Steer clear of real estate claims by asking these five questions on every deal
The real estate lawyer’s job is more than just conveying title, and not every matter will be straightforward. Communication errors and inadequate investigation are the biggest causes of real estate claims at LAWPRO, respectively 41 per cent and 26 per cent of claims reported between 2001 and 2011. Busy, high-volume practices often lead to situations… Read More »
Categories: Real EstatePeer-to-peer rentals: entering the sharing economy
Peer-to-peer rental networking sites, such as Airbnb and VRBO, provide homeowners with the tools with which to rent out all or part of their properties on a short-term basis. Homeowners may wish to rent out their properties occasionally in order to supplement their income, or they may have purchased the property entirely for income purposes…. Read More »
Categories: Real Estate