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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100372
Experience:  Lawyer
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My property contains an 8 ft easement on the title property

Customer Question

My property contains an 8 ft easement on the title for a property above it. The easement was for the purpose of installing a water line and perimeter surface drainage (foundation drain. The drain is 6" cement tile and it has failed, resulting in wet areas on my propety and during peak rainfall little water exits the drain into the municipal ditch. Easement has existed 30+ years. The property involved is in the process of an estate sale. Should I inform the realtor of the system failure?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
It is likely best to do so. Here is why.Generally the law with respect to the purchase of homes is that the purchaser has the right to inspect the home for defects. If the Purchaser decides to buy the home then generally the law can be summed up by the well known phrase "buyer beware." The legal phrase for this is the Latin phrase caveat emptor.However, at the same time the Vendor is not permitted to misrepresent, fail to disclose or actively try to hide defects.As well the vendor has a duty to disclose a latent defect if it's substantial. This usually includes defects that render the premises uninhabitable or unfit for the use the Purchaser is planning for. It would also include the situation where the cost to repair is going to be substantial as well. So given this situation it would be best to inform the realtor and the realtor should be informing any potential purchaser.

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