An Update on Glenlake

An Update on Glenlake

 By Brian Madigan LL.B.

 The story about the mutual driveway or lack of it on Glenlake takes a slightly new twist.

Toronto lawyer and author, Bob Aaron wrote about the case in his column. Here's a short summary:

 "........the Perkovic family owns 104 Glenlake Ave. in Toronto's west end, and the Roslins recently purchased the house next door at 106. In between the two properties is a wide driveway, leading to the back of both properties and to the Perkovics' double garage on the west and the Roslins' parking area to the east.

For 33 years, the Perkovics had been using it to access their garage. Unfortunately for them, they only own a small strip beside their house - not wide enough for a car to navigate. Recently, the Roslins blocked access by the Perkovics to their driveway.

Had the properties been registered in the old Land Registry system, the Perkovics would probably have acquired a right to the continued use of the driveway. In law, this is known as an easement by prescription, or a right of way resulting from continuous use for more than 20 years.

But since both houses were originally registered under the newer Land Titles system, the "squatter's rights" rules do not apply and the Perkovics have no right of vehicular access to their double garage."

What was missing before? We didn't know that the property is registered in Land Titles and has always been registered in Land Titles. That makes a big, big difference!

There are no rules for prescriptive rights. Long term use or occupation have no meaning.

Those rules, only apply in the case of properties registered in the Registry system, or while such properties were registered in the Registry system.

Bob Aaron goes on to point out the importance of the survey in real estate transactions. A review of that document would have saved some surprises.

It is an important document for buyers, sellers, real estate agents, and the lawyers to review before the deal is done. What's the real point reviewing it now? Now, is too late. The deal is closed and it doesn't really matter. If it is important and contains the answer to some important questions, then look at it as soon as possible.

Fortunately, surveyors and solicitors are aware of the significance of the survey, but it is often overlooked at the time of the transaction.

Brian Madigan LL.B., Broker is an author and commentator on real estate matters, Royal LePage Innovators Realty
905-796-8888
www.OntarioRealEstateSource.com