By Brian Madigan LL.B.
Question
William Jones transferred title to his son Bob. The deed was to "Bob Jones so long as the said land and premises are used as a farm" .
William Jones, the father, died two years later. His Will gave everything to his son Bob and his daughter Margaret.
Bob continued to farm the land until a few months ago at which time he listed the property with XYZ Realty and the property was sold to a Developer. After the deal closed, Bob got his money, XYZ Realty received their commission and the Developer started excavations for a hotel. The lawyer for Margaret then wrote a letter to the developer claiming that Margaret owns half of the property.
Who is the legal owner of the property?
Answer
The second question is: who owns the property?
This is what appears to have taken place:
1. William Jones conveys fee simple with conditions to his son Bob.
2. That is a 100% interest in the property.
3. Margaret has no interest whatsoever.
4. Bob breaches the condition.
5. Bob unaware of the breach lists, and sells the property to the developer.
6. This conveyance is void. The developer receives no title whatsoever.
7. The doctrine of reverter has already caused the title to revert back to the father’s estate.
8. Now, the father’s estate owns 100% of the property.
9. The title is fee simple. There are no conditions upon the reacquisition.
10.The Will left the property to Bob and Margaret.
11.The title is fee simple. There are no conditions mentioned.
12.The title to the property is in the names of Bob and Margaret in fee simple as tenants in common.
13.The purported conveyance to the developer remains “void”.
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
www.OntarioRealEstateSource.com
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