Terra Publications

Case Comment: Entwistle v. The Owners, Strata Plan EPS 3242, 2019 BCSC 1311
Ownership of land generally includes ownership of the airspace above the land to the extent necessary for ordinary use and enjoyment of that land.  Thus, until fairly recently, the prevailing view was that the passage of the boom of a...
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Crane-Swing Caution: Self-Help is Not That Simple
Ownership of land generally includes ownership of the airspace above the land to the extent necessary for ordinary use and enjoyment of that land.  Thus, until fairly recently, the prevailing view was that the passage of the boom of a...
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Always Assume – Positive Covenants Do NOT Run with the Land – Updated
Two cases decided within the past year by the British Columbia Supreme Court reinforce the absolute necessity of ensuring that positive covenants contained in registered easements are assumed by a strata corporation created by the deposit of a strata plan...
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Separate Consideration for Purchaser’s Conditions Precedent
Have you ever seen something like the following buried in a contract of purchase and sale and wondered what it is all about?
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$275,000 Pre-Sale Deposit Forfeited When Purchaser Backs Out
In Chen v. West Georgia Development Limited Partnership, 2017 BCSC 1293, the Supreme Court of British Columbia rejected all arguments put forward by the plaintiff in her claim for the return of a deposit paid to the defendant, a real...
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City of Vancouver Vacancy Tax
In the fall of 2016, at the request of the City of Vancouver, the Province amended the Vancouver Charter to provide City Council with the authority to impose, by bylaw, an annual vacancy tax on a parcel of “taxable property”.
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Terra Law represents purchaser on the completed sale of the Oakridge Transit Centre lands, one of the largest real estate transactions in BC’s history!
TransLink announces sale of Oakridge Transit Centre lands.
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BC COURT OF APPEAL RULES ON REAL ESTATE FRAUD CASE
Real estate financing transactions are once again facing scrutiny due to a recent fraud case involving a lender, its customers (the borrowers) and the purported discharge of the borrower’s existing mortgage (Lin v. CIBC Mortgages Inc. – December 18, 2015).
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Changes to Property Transfer Tax in BC
On February 16, 2016, as part of the BC Government’s 2016 budget announcement, the Government introduced several changes to the property transfer tax regime in British Columbia.
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Don’t Be Frustrated by Pre-Closing Damage!
Maison Development & Construction Ltd. v. Jefferson, 2015 BCSC 1329In a recent decision, the BC Supreme Court dealt with the doctrines of specific performance and frustration, and how they apply to the destruction of buildings prior to closing.
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