TRUSTS AND INDEFEASIBLE TITLE UNDER THE TORRENS LANDHOLDING SYSTEM
Edward D. (Ned) Brown Pitblado LLP March, 2020 Assume the following fact scenario. "X" is the owner of a parcel of real estate (the "Realty"). "X" has three children and has become estranged from two of them, but maintains good relations with the third child. Fearing that the estranged...
Read More
"OUTDATED" BUILDING RESTRICTION COVENANTS
Edward D. (Ned) Brown Pitblado LLP February, 2020 In land law, a "restrictive covenant" is an undertaking given by the owner of a parcel of land (the "burdened land") to the owner of an adjacent or a neighbouring parcel of land (the "benefitted land") whereby the burdened land owner...
Read More
PRE-INCORPORATION CONTRACTS: A TRAP FOR THE UNWARY
Edward D. (Ned) Brown Pitblado LLP January, 2020 In the past, it was legally impossible for a corporation to be a party to an agreement where the agreement was entered into on behalf of the corporation prior to the incorporation of the corporation. So if "A", being a developer and...
Read More
PROTECTION FOR "PROTECTIVE ADVANCES" IN EXCESS OF A MORTGAGE'S FACE AMOUNT
Edward D. (Ned) Brown Pitblado LLP December, 2019 The owner (the "Owner") of a parcel of real estate (the "Property") decides to develop the Property into a multi-unit mixed use condominium project (the "Project"). The Owner pre-sells units in the Project to a number of buyers ("Unit...
Read More

Pages

Subscribe to RSS - Blog