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    Peter is a litigator with a wide range of experience, practising for over 26 years in Vancouver. For a number of years he practised criminal law before resuming civil and commercial litigation, including claims involving ...

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 ...

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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 ...

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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 ...

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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 ...

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Posted in Municipal Law

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 ...

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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 ...

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Posted in Development, REDMA

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 ...

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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 ...

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Posted in Strata Managers

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 ...

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Likely because the application of the law is uncertain, commercial leases generally have detailed clauses dealing with the question of when a piece of equipment or an improvement installed in a premises becomes a fixture or remains a chattel.  The answer matters as fixtures, in law, are considered to be part of the land and, at the end of a lease, ordinarily would revert to the ...

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Our Real Estate Law Blog provides brief commentary on current legal trends and developments affecting your business. The topics addressed in Lawson Lundell’s Real Estate Law Blog are of interest to commercial real estate developers, real estate and strata agents, investors, landlords and tenants, as well as a variety of industry groups. 
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