ARCHIVED BLOG POSTS
2008
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The Doctrine of Escheat By Brian Madigan LL.B.Escheat is a really old concept and it arose prior to the concept of private ownership of property. So, that's awhile back!All land was owned by the King, who actually held it from the Pope (but, that's another matter). It was parcelled and given o...
12/30/2008
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Joint Tenancy Issues By Brian Madigan LL.B.While there are some advantages to joint tenancy, there are also some problems. The primary advantage is the ease of administration of a deceased's estate. It is simple and uncomplicated, nothing more than the registration of a death certificate is req...
12/29/2008
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Illegal Basement Apartments By Brian MadiganI thought that you might find it of interest that a Brampton homeowner was charged and convicted under a by-law preventing the use of illegal basement apartments.The homeowner will be required to pay a $ 25,000.00 fine, which happens to be the highest...
12/29/2008
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By Brian Madigan LL.B.If a tree falls in the forest, no one cares, except perhaps the termites. But, if your neighbour's tree falls on your house, then there is a little problem.First of all, is your neighbour liable? Let's say your neighbour has a 35 foot pine tree and one day it simply blows...
12/29/2008
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By Brian Madigan LL.B.If a tree falls in the forest, no one cares, except perhaps the termites. But, if your neighbour's tree falls on your house, then there is a little problem.First of all, is your neighbour liable? Let's say your neighbour has a 35 foot pine tree and one day it simply blows...
12/28/2008
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Five Financial Reasons for Owning a Home By Brian Madigan LL.B.So, you think that you would like to buy some real estate! In particular, you would like to buy a house.Let's summarize the principal financial advantages:1) use of rental income2) use of leverage3) forced savings4) appreciation in...
12/28/2008
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Joint Tenancy Explained By Brian Madigan LL.B.Joint tenancy is a rather old common law method of property ownership. Essentially, it includes the right of survivorship as one of its provisions.The basic arrangement would be tenancy in common, that is like partnership property and there are no s...
12/28/2008
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Real Estate Agent: Early Termination By Brian Madigan LL.B.What if you have a real estate agent you don't like? How do you get rid of them?You don't want to be a complainer, you don't want to report them, and you don't want your property "black-listed". So, what do you do?If you are like most p...
12/24/2008
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The Right of Inspection By Brian Madigan LL.B.Once you buy a property are you allowed to have another look? Now, once you own it, you can look at it all you like, but by that time it may be too late.The basic question is whether you have the legal right to inspect it before closing. From time t...
12/23/2008
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Creation and Alienation of Life Estates By Brian Madigan LL.B.Life estates are relatively straightforward; they are simply estates "for life". So, if Robert leaves an estate to James for his lifetime, then when James dies, it is longer part of his property or estate.It is the original donor, Ro...
12/22/2008