Thank you for your question.
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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: http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
Let me know if you need any further clarification.