Duhaime's Real-Estate Law Centre. Don't leave home without it! Err ... um ... oops excuse me? This is about home? Hello? Hello!
Adverse possession is the fancy lawyer word for squatters and their rights and regulates how, if at all, occupiers can end up owning land just by using it - without complaint by the legal owner - for a period of time. Be it remote woodland or that old boarded-up downtown building now filled with homeless people, adverse possession law is an essential element of any real property ownership legal system.
To whomever owns the land, shall own the earth to its center and up to the heavens, has said the law since time immemorial. That, before the advent of planes, trains and automobiles (and underground subways and power lines). This article looks at the battle of this maxim against the demands of a "modern" world.
Easements and covenants can be like leaches; easily on but a devil to shake ... and painful; too!
Surprise! Each Canadian province has distinct law dealing with real property. Hmm. I wonder why? I digress. Politics. Sorry. Anyway ... for those of you with a legal interest in real property in BC, this article brings forward the distinctions you need to be aware of in regards to basic real property law.
Real property has traditionally been the most valuable of all property. Long are the days when possession or might made a landowner. But the history of real estate law sets a fascinating background to this branch of the law rich in verbiage and ancient principles.
This article gives a general description of real-estate law in common law Canada. The information contained in this article is of a general nature only and is not intended to cover the entire area of Canadian law relating to real-estate. In particular, legislation in certain provinces may have altered the general principles of common law discussed below. Furthermore, this information is not directed toward a particular factual situation, and does not constitute legal advice. If you have any questions of a legal nature, or of how the law applies in a particular situation, please consult a lawyer.
It's late one soggy summer night. You can't sleep - damn that mid-afternoon coffee! Your mind wanders onto the thought of that beautiful English estate you've always wanted to own. And then you wish for a list of important Canadian law cases dealing with real estate law. You wish but ... Ta-da! Here it is! For just 99¢ (plus $499.99 shipping and handling)!
With land ownership, you can be "half-pregnant", and then some!
For forty per cent of the population, residential tenancy is their choice or form of housing. In some parts of BC, like Vancouver and Victoria, where the cost of a small house can commmand 70% of income, tenancy is the only option for young or low income families. Still other opt for tenancy as a financial planning elective. In any event, the law of residential tenancy is "must know" stuff for tenants and their "bosses", the landlord.
As you quickly walk away from the chocolate cookie tray your wife specifically told you not to touch until after supper, you hear the Voice bellow down from Above: "You! I saw that! I will punish you severely unless you can ... recite the rule against perpetuities". You're a little shady on the Book of Genesis but you remember enough to think this Guy is not someone to fool with. Well, relax, let us save your life. You've come to the right place.