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Answered in 1 hour by:
6/28/2010
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
VerifiedHello,
A few questions to clarify your situation:
A few questions to clarify your situation:
- Who owns the property behind your home?
- What was the zoning of the property prior to this development plan?
- When did you purchase the home? Was there a development plan in place at the time?
- How many other properties would be affected by this development?
- What Province are you in?
The rights of the municipality to rezone the property would depend completely on the wording and terms of the donation itself. If there was not a shifting or springing contingent interest associated with the park/land donation then, ultimately the town can still do this.
With respect to that aspect you'll have to discover what the precise terms are in that regard but, as you noted that only 'part' of the property was to be earmarked it is entirely possible that, even if such terms do exist in the donation to the town, the terms could be met in a fashion not inconsistent with the donation (for example, if the development dedicates areas as green-space or public parks/playgrounds.
I recommend getting in touch with a local property lawyer to look into the precise donation (it should be public record if the donation was to the municipality) and see if you have a strong claim for an injunction, however, based on what you've indicated I'm not confident that you will. The Law Society of Upper Canada's Lawyer Referral service can help you connect to someone local who can help: http://www.lsuc.on.ca/public/a/faqs---lawyer-referral-service/
Regards.
With respect to that aspect you'll have to discover what the precise terms are in that regard but, as you noted that only 'part' of the property was to be earmarked it is entirely possible that, even if such terms do exist in the donation to the town, the terms could be met in a fashion not inconsistent with the donation (for example, if the development dedicates areas as green-space or public parks/playgrounds.
I recommend getting in touch with a local property lawyer to look into the precise donation (it should be public record if the donation was to the municipality) and see if you have a strong claim for an injunction, however, based on what you've indicated I'm not confident that you will. The Law Society of Upper Canada's Lawyer Referral service can help you connect to someone local who can help: http://www.lsuc.on.ca/public/a/faqs---lawyer-referral-service/
Regards.
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,762
Experience: Cross-Border (US/Canada) Lawyer
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