We live in a country with vast amounts of open space, which in turn leaves large tracts of unregistered lands. Large projects such as hydroelectric dams and sub-stations are often situated on these lands, obtaining rights to use the land short of ownership. Under the provisions of the Builders Lien Act, SBC 1997, ch. 45…
Kelowna’s reputation as a hot bed of entrepreneurialism is well earned and as a result, many people invest either in commercial real estate or in rental residential units. An owner of land, however, faces risk when their tenant engages in work within the premises. If a contractor or sub-contractor goes unpaid, they may lien the…
A builder’s lien is a legal interest that can be registered on title to a property as security for an alleged debt for work or materials in relation to an improvement. Having a lien placed on the title to your property can come as a shock and can cause issues for the owner of the…
A number of years ago I wrote an article about the Ministry of Forest, Lands and Natural Resources’ decision to direct additional resources towards reviewing foreshore rights and enforcing the use and construction of docks, retaining walls and other structures along the shoreline. Giving the ongoing flood event in the Okanagan, it seems an opportune…
Recent decisions from British Columbia courts underline the risk to commercial landlords in misinterpreting their leases or otherwise assuming there is little risk in shutting down the business of an unprofitable tenant. Avoid the rush to terminate a commercial lease, and first, get the advice of a professional. In Shanahan v. Turning Point Restaurant Ltd.,…
When selling property with elderly clients, it is important to consider the power of attorney, joint tenancies, and probate. 1. Determine if there is a valid Power of Attorney in place A Power of Attorney is a legal document that grants to a person (sometimes called the “Attorney”) the right to sell and dispose of […]
Most homeowners will have at least heard of the term “Joint Tenancy”. In British Columbia, when you own property with another person, you can own it as Joint Tenants, or you can own it as Tenants in Common. If you are Joint Tenants, you share the property completely and equally. If you are Tenants in […]
