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We are looking at 2 adjacent properties in Mississauga, Ontario,

Canada. Would there be any...
We are looking at 2 adjacent properties in Mississauga, Ontario, Canada. Would there be any issues buying both of them under the same name. The seller of the properties has one property solely under his name and the 2nd property is under his and his wife's name. Should we be concerned or is there something we should be looking at ?
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Answered in 29 minutes by:
8/29/2013
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101,794
Experience: Lawyer
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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.

This can become a concern if you have the same name on both properties.

The reason why is that pursuant to the Planning Act when two adjacent properties are owned by the same owner the lots merged and you cannot simply sell them as single lots without bring an application under the Act to have them severed.

I suggest you discuss this with your real estate lawyer.

If you don't have a lawyer yet then 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)

Let me know if you need any further clarification.
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Customer reply replied 4 years ago

Even if the purchaser is the same for both the lots ?

Yes. That's the point. It likely should not be the same purchaser for both lots.
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101,794
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