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Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2019
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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We have property that has been in the family years and I

Customer Question

Customer: hi we have property that has been in the family for 58 years and I want to build a new house with in 100 feet of a stream do I have to go by the new rules that say I cant be with in 100 feet is there a grandfather clause
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Submitted: 1 year ago.
Category: Canada Law
Expert:  Copperlaw replied 1 year ago.

The nature of a "Grandfather" clause in a situation that you have described, gives exception to existing buildings, if they happen to contravene the rule at the time the rule is created. It does not give authority for new buildings to circumvent the rules, regardless of how long a person has owned the land. The land would have to comply with the rules going forward from the time rules are put in place. The exemptions apply to existing structures only.

Likewise, if there were an existing building that was exempt, only that building is allowed if grandfathered. If the building were torn down this would terminate any grandfather clause and it would not carry forward to any new building erected on the site.

Please let me know if you require anything further.