Real Estate Law Blog

What happens when an individual buyer or seller dies prior to the completion of a transaction involving real estate? This blog post discusses the complications that can arise in real estate transactions where there is a piece of land under contract and the individual seller or buyer dies prior to the completion of the transaction.

At common law, a contract may be discharged or ...

The B.C. Court of Appeal recently weighed in, for the first time, on the interpretation and application of the strata wind-up provisions in Part 16 of the Strata Property Act, (the “Act”).  This is the first appellate decision to consider this aspect of the Act.  It is an important decision because the court confirmed the validity of the practice and procedures for strata ...

Condominiums and the concept of strata title have now been in existence in BC since 1966 when the Strata Titles Act was enacted.  Given rising property values and increased densification, strata properties are likely to continue to be a significant part of the Lower Mainland real estate market. The issue currently facing many strata developments is their age and the rising ...

Whether a hedge is a fence matters because it can mean the difference between relief under the Property Law Act and the end of your ability to use a neighbour’s land. You might seek relief under the Property Law Act where you discover after many years, for example, that part of your drive way is actually on your neighbour’s property. Your neighbour now wants you to stop ...

What happens when a strata unit owner’s right to privacy conflicts with the need for common property repairs? Generally, the unit owner will lose out to the strata council, provided the strata council acts reasonably and for a legitimate purpose. This is one of the downsides of strata living: you are not really the king of your castle. Your personal interest may need to give ...

Does the conduct of your neighbour adversely affect the use and enjoyment of your property?  Is your neighbour immune to reasonable requests to moderate his behaviour to lessen that impact?  Are the local authorities unwilling to assist you in resolving the problems?  This can be very frustrating and detrimental to the welfare of you and your family.  If the matter is of little ...

There are many benefits to living in a strata, but there can also be problems. One such problem can be raising money to pay for building repairs. This is usually done by way of a special levy requiring owners to pay their proportional share of the expected cost.  A special levy is in addition to monthly dues and can, in serious cases, be a lot of money.  The imposition of a special levy ...

Many land developers arrange to sell lots in a proposed development before the subdivision is completed.  The vendor benefits from the promise of confirmed future sales and non-refundable deposits.  Purchasers benefit from lower prices for purchasing early.  However, what happens if the land development is delayed.  Can a purchaser get a non-refundable deposit back?

The ...

Most commercial leases contain terms that require tenants to pay additional rent. Additional rent is usually a share of the costs and charges incurred to operate the property. These costs can include municipal taxes, insurance premiums, repair and maintenance costs and common area utility charges. In any given year, these charges change and fluctuate.  Landlords often ...

Governing and managing a strata property can be messy and difficult.  Strata owners are generally a disparate group with little in common beyond ownership in the strata.  From among this group, a strata council must be elected, usually all volunteers who, to one degree or another, are reluctant participants and untrained in strata governance.  Yet, it is the members of the ...