the daily snivel

Sunday, June 12, 2005
 
Don't ask me for advice about buying or selling a house, but...

I'm pleased to say that I also passed the examination in the Bar Admissions Course for the Real Estate Law module! And by a hefty margin, I might add. It's immensely gratifying to know that a lad can study the arcane secrets of the Planning Act, master them, apply them, and possibly them wash them from out of the space between his ears where they were stored with booze, but get such a pleasingly high mark on the exam that he wouldn't be afraid if he ran into two abutting parcels of land in a dark alley one night.

Tremble before the apparently competent knowledge of one who can give you the gist of this terrifying block of incomprehensible verbiage!

Subdivision control

(3) No person shall convey land by way of a deed or transfer, or grant, assign or exercise a power of appointment with respect to land, or mortgage or charge land, or enter into an agreement of sale and purchase of land or enter into any agreement that has the effect of granting the use of or right in land directly or by entitlement to renewal for a period of twenty-one years or more unless,

(a)    the land is described in accordance with and is within a registered plan of subdivision;

(b)    the grantor by deed or transfer, the person granting, assigning or exercising a power of appointment, the mortgagor or chargor, the vendor under an agreement of purchase and sale or the grantor of a use of or right in land, as the case may be, does not retain the fee or the equity of redemption in, or a power or right to grant, assign or exercise a power of appointment in respect of, any land abutting the land that is being conveyed or otherwise dealt with other than land that is the whole of one or more lots or blocks within one or more registered plans of subdivision;

(c)    the land or any use of or right therein is being acquired or disposed of by Her Majesty in right of Canada, Her Majesty in right of Ontario or by any municipality;

(d)    the land or any use of or right therein is being acquired for the purpose of an electricity distribution line, electricity transmission line, hydrocarbon distribution line or hydrocarbon transmission line within the meaning of Part VI of the Ontario Energy Board Act, 1998 and in respect of which the person acquiring the land or any use of or right therein has made a declaration that it is being acquired for such purpose, which shall be conclusive evidence that it is being acquired for such purpose;

(e)    the land or any use of or right therein is being acquired for the purposes of flood control, erosion control, bank stabilization, shoreline management works or the preservation of environmentally sensitive lands under a project approved by the Minister of Natural Resources under section 24 of the Conservation Authorities Act and in respect of which an officer of the conservation authority acquiring the land or any use of or right therein has made a declaration that it is being acquired for any of such purposes, which shall be conclusive evidence that it is being acquired for such purpose;

(f)    a consent is given to convey, mortgage or charge the land, or grant, assign or exercise a power of appointment in respect of the land or enter into an agreement in respect of the land; or

(g)    the land or any use of or right therein was acquired for the purpose of an electricity distribution line, electricity transmission line, hydrocarbon distribution line or hydrocarbon transmission line within the meaning of Part VI of the Ontario Energy Board Act, 1998 and is being disposed of to the person from whom it was acquired.  R.S.O. 1990, c. P.13, s. 50 (3); 1998, c. 15, Sched. E, s. 27 (4-6).


Woo! Scary!

Fear not, though. I will protect you.

But yeah. If you're contemplating buying a house and you want to make sure good title passes, don't come anywhere near me. Even when I am a lawyer and capable of giving legal advice, don't come to me for it. The unimaginable depths of your local Land Registry Office is like the Total Perspective Vortex compared to the chapter on land titles searches I skimmed before and during the open book, multiple choice, pass/fail exam.

But, um, if you think you might have murdered someone, well then by all means give my firm a call.
 

1:39 AM

Comments:

*phone rings*
"Hello, [name of org], how may I help you?"
"Hi, I think I just comitted fraud. What should I do?"
"Err...contact a lawyer?"
"Oh. Ok thanks!"
# posted by asimplelife at 4:45 PM

 
A snappy answer to a stupid question if I ever heard one.

The first thing anyone should do if they think they've committed a crime is talk to a lawyer. And the first thing a lawyer will tell someone who thinks they've committed a crime is "shut up, shut up, shut up," because it's a lot harder to eventually plead "not guilty" if you blab about your guilty conscience to everyone (ie. every potential witness, hearsay rules notwithstanding) you see.
# posted by Rob at 5:22 PM

 
Also, when you say, call an org that is based on PREVENTING crime, admiting things after the fact isn't very prevention-worthy.
# posted by asimplelife at 6:23 PM

 
You're making it so much harder for me to maintain that all my friends are slacker layabouts just like me, you know that?

:)
# posted by cruinne at 2:08 PM

 

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Rob's continuing tirade against ignorance, social conservatism, poor spelling, popular culture, and loneliness, featuring caffeinated discussions of law, politics, Macs, booze, Ottawa, treefrogs, and occasionally girls.


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