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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86742
Experience:  Lawyer
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Hello! I am wondering if this actually works an hope it does

Customer Question

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
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

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

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

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:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx

Let me know if you need any further clarification.
Customer: replied 1 year ago.

Thank you. Our lawyer is on vacation!


Where would I find the applicable law?

Expert:  Legal Ease replied 1 year ago.
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:

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p13_e.htm

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:

http://www.mah.gov.on.ca/Page1756.aspx

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:

http://www.schwarzandcompany.com/for-the-profession/planning-act-consents-when-they-apply.html



Customer: replied 1 year 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.

Expert:  Legal Ease replied 1 year ago.
So do you mean you want to sell the two properties as one lot?
Customer: replied 1 year 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.
Expert:  Legal Ease replied 1 year ago.
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: 86742
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Expert:  Legal Ease replied 1 year ago.
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!

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