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Category: Canada Law
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Experience:  Lawyer
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Hello! I am wondering if this actually works an hope it does

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Hello! I am wondering if this actually works an hope it does as we need an answer soon.

My wife and own a semi-detached home in Toronto and last fall bought the semi on other side when it went up for sale. I understand that since we own both sides and we are co-owners, that the properties are automatically merged unless we get consent to sever. Is this correct? Where can the relevant law be found! Thanks!

George Skok
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Thanks for requesting me.

It is correct that the law provides that when there are the same owners on two adjacent plots of land the plots are deemed to have merged and then to sell one part of this new larger plot requires consent to sever under the Planning Act.

But as I understand it, if you can add a name to one of the titles or remove the name from one of the titles first, so there is not an identical owner(s) on both properties this will not be the case.

But as you can see this is quite complex so the information I am providing you is general information that should start you off.

Now you should go back to your real estate lawyer who will be able to guide you as to how to get around this Planning Act issue now.

If you don't have a real estate lawyer any more and that is why you are posting on this site then what you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

Let me know if you need any further clarification.
Customer: replied 3 years ago.

Thank you. Our lawyer is on vacation!

Where would I find the applicable law?

It's all under the Planning Act.

Why not see a lawyer for free, through the referral service.

If you call them today you will be able to get in to see some lawyer next week I would think.

Here is a link to the Act:

And here is a general explanation of how severances work. There is contact information at the bottom if you want to call to discuss this with a staff member:

This article doesn't really completely address your question (I am trying to find one that does) but if you read the opening paragraph you can see that there are many situations where the lots have been merged, even inadvertently like in your case:

Customer: replied 3 years ago.

Thanks again. Actually, at this point we would like to be able to demonstrate that the properties are in fact merged and wonder where the mechanism that does this automatically is spelled out.

So do you mean you want to sell the two properties as one lot?
Customer: replied 3 years ago.
What we would like to do is rent one of the houses but keep part of the yard for ourselves, and if the properties are merged, then we are assuming - and I hope correctly - that it is ok.

I don't think it matters in the least whether your properties are merged for an issue like this.

They are merged for Planning Act purposes.

But that's not about renting the properties.

The fact is that you own them both and are completely free to rent out what parts you want and not the rest.

You simply must make it clear in the lease as to what part of the yard, if any, is considered part of the rental premises and what parts are not.

It's really just that simple.

This is not about the Planning Act and what happens if you want to sell later on etc.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95619
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
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Thanks and take good care!

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