Defects, Disclosure, and Grow-ops

On , In Real Estate Law

What are patent and/or latent defects? What does the seller need to tell you? What are the realtor’s obligations? This is a big issue for real estate in the Okanagan. It’s also a fairly common question given the history of a lot of properties in British Columbia. Patent versus latent defects Obligations to disclose defects…

Land Use Contracts – Why Owners, Lenders and Buyers Should Be Concerned

On , In Real Estate Law

Proposed amendments to the Local Government Act being considered by the legislature will change the law relating to Land Use Contracts. The Miscellaneous Statutes Amendment Act 2014 (Bill 17) proposes amendments to various Acts, but amendments to the Local Government Act will bring to an end all Land Use Contracts in British Columbia. LUCs were…

Sitting on your dock in the bay? Maybe not.

On , In Real Estate Law

In the past few years, the Ministry of Forest, Lands and Natural Resources has directed additional resources towards reviewing and enforcing the rules and regulations associated with the use and construction of docks, retaining walls and other structures along the shoreline. As a result, waterfront property owners throughout the Okanagan-Shuswap are finding out that they…

Do Good Bylaws Make Good Neighbours?

On , In Real Estate Law

Although it is preferable to have truly good neighbours, most of the time we can at least rely on the old saying that good fences make good neighbours. What can be done, however, for those times when a sturdy cedar fence is not going to be enough? Even the best fence can’t help you with…

What Does Your Real Estate Lawyer Do?

On , In Real Estate Law

A lawyer’s role in a real estate deal is to complete the transaction and to make it as simple and straightforward for the client as possible. This is done by understanding the law and being familiar with the items and issues particular to an area or municipality. Your real estate lawyer will ensure that you…

Ending a Shared Recreational Property Arrangement

On , In Real Estate Law

In an earlier article I discussed the importance of a written co-owners’ agreement when jointly purchasing recreational property.  One of the most important sections of a co-owners’ agreement will cover how the parties can terminate the arrangement.  Many people fail to enter into a formal agreement, however, and this can lead to a great deal…

Property Lines and Swimming Pools

On , In Real Estate Law

If you are a homeowner, you likely assume that you know where your property begins and ends. But how certain are you? Are you relying on the position of a fence? Where your neighbor stops mowing his lawn? Or are you relying on where the Realtor or the previous owner told you the property line…

Selling Property with Elderly Clients: Powers of Attorney and Probate

On , In Wills & Estates

1. Determine if there is a valid Power of Attorney in place. A Power of Attorney is a legal documents that grants to a person (sometimes called the “Attorney”) the right to sell and dispose of the assets of the Donor (the person granting the power of attorney). In British Columbia the statute (law) governing […]

Strata Rules – Parts 2 and 3

On , In Real Estate Law

Last year I wrote about an interesting case involving the owners of a condo whose behaviour towards their neighbours was so disruptive and obnoxious that the Strata Council, who had given up after years of letter, notices and fines, applied to the court for an order to force this owner to sell her unit and […]

Distressed Sales: Options for Sellers of Distressed Property

On , In Real Estate Law

Unfortunately, and often due to a series of unfortunate events, some owners find themselves unable to afford their home and in some cases being forced to sell at a loss. There are a number of different ways for this to occur: A. Short Sale with Seller Bringing in Cash to Complete This type of transaction […]