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The Battle of Bona Fides: The Doctrine of Indefeasibility Revisited

When it comes to registered title, we take comfort in it being right—its record, indefeasible. The land titles registry is the root of our confidence in the state of title. Registered instruments are, by virtue of their being...more

Not My Problem: The Maintenance of Easements

When you grant an easement over your lands to another, who has the obligation to maintain the lands and the improvements on those lands? One might argue that it is the grantor of the easement—that the owner has the obligation...more

Killing the Deal (Anticipatory Repudiation in a Real Estate Purchase)

Once an agreement of purchase and sale for real estate is signed, the path to closing and the rules of closing are firmly engrained, both in the terms of the contract and in principles of law and equity. You don’t get to...more

Can your Neighbour Expropriate your Land? (A Consideration of Remedies for Trespass)

"This Court accepts that it is very harsh for an owner of land to be forcibly compelled to sell land that they have no desire or wish to sell—this amounts to a private expropriation. This Court also accepts that it is very...more

Enforcing Unwritten Real Estate Purchase Agreements

It's generally accepted good law that, in order to create a valid contract for the purchase and sale of real property, the agreed-upon terms must include, at a minimum, the identity of the parties, the description of the...more

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