Author: Justine Mageau

This paper consists of case summaries addressing the following: recent applications of the SCC’s decision in Redwater, lost caveats at Land Titles, dispensing with consent for registering a condominium plan, gross overriding royalties as an interest in land, actions against Land Titles, equitable mortgages, amending legal descriptions to reflect a change in natural boundaries, the Statute of Frauds, differences between and an agreement for sale and a rent to own agreement, severing joint tenancies after death, discharging Certificates of Lis Pendens, discharging restrictive covenants that conflict with a land use bylaw or statutory plan, interpreting easements, and assessing damages for breach of a purchase agreement when there is a claim for specific performance.

This paper is part of a collection presented at LESA’s Real Estate Conference in Kananaskis on October 20 & 21, 2023.