PLZ Law Blog

Category Archives: Construction & Liens

Real Estate Law: Closing a Real Estate Transaction

Date: August 16, 2010 | Author: Maxim Zavet, BA, JD

Choosing a closing date The closing date can be whenever the parties agree upon, however selecting a closing date on a weekend or statutory holiday will prevent your transaction from being registered because the land registry offices and the electronic registration system are unavailable.  If parties so choose to close on those days, alternative arrangements such as closing in ...

CONSTRUCTION LIENS: Electronically Liening Registered Leases

Date: June 10, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

It would appear that when registered leases are liened electronically, adherence to the rules is not as strict, sort of relaxation of rules is practiced, as would be seen from the case history below: Petroff: Liening Registered Leases Electronically Registration of title documents electronically has made it easier for lawyers to representing lien claimants wishing ...

Construction Liens: Obtaining Liens and Restrictions Placed on Them

Date: June 10, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

We have discussed earlier one of the two methods by which a contractor working for a tenant is able to get a lien on the freehold of the property.  The second method will now be discussed. The Freehold Owner Deemed  “Owner” Under the CLA Within the meaning of the CLA, there are circumstances, when the ...

Liens and Commerical Tenants

Date: June 10, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Overview Regardless of the fact that the individual is a landlord, a tenant, or a lien claimant, it is important for each of them to be aware of the unique issues raised when construction liens are registered against leasehold premises. Firstly, there is the need to determine for whom the construction work has been carried ...

REAL ESTATE: Depending on the age and type of property, the following off title searches may be necessary!

Date: April 28, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

Occupancy permits: For a newly built or renovated dwelling or an extension or addition thereto, it is necessary to find out whether or not the local municipality has issued an occupancy permit under its building by-law or property standards by-law or under the Ontario Building Code. However, there could be several reasons why an occupancy permit ...

REAL ESTATE: The necessary off title searches when buying a property!

Date: April 27, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

There are other searches besides a title search, that are necessary to assure title and enhance the marketability of a property. The purpose of these searches are to determine if there are any statutory liens or orders that may affect a property, and if a property complies with municipal by-laws or other statutory requirements. Depending ...

CONSTRUCTION LIEN: Basics

Date: March 1, 2010 | Author: Maxim Zavet, BA, JD

The basics of the construction lien remedy including when its available and the timelines for preservation and perfection.

THE BASICS TO LAND TITLE SEARCHES

Date: February 16, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD

A title search is conducted during the process of selling or purchasing or acquiring an interest in a property. Its purpose is to find out: If the seller’s interest in the property is saleable; If there is any right of way or things like that (known as easements) in the property; and If the property ...

Forgetting to Defend a Law Suit, Setting Aside the Default Judgment

Date: February 5, 2010 | Author: Nick Porco, BA, JD

I love this saying…“you can’t change the past but you can ruin the present by worrying about the future”. It applies to so many of us. Some of us become paralyzed over a mistake, a lapse in judgment, an event. The paralysis then creates an avoidance to do what you otherwise know you have/should be ...

Title Searching: “The Things Passes With Its Burden”

Date: September 22, 2009 | Author: Maxim Zavet, BA, JD

In the purchase and sale of a property, the most important aspect of the transfer between buyer and seller is making sure that the seller has good title to convey to the purchaser. Not only does this mean that the seller has the legal right to sell the property but importantly that the property is ...


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