Areas of Practice

Condominiums and SubdivisionsCondominiums and Subdivisions


Subdivision Registration
We represent subdividers of land and have many years of experience in satisfying municipal requirements and ensuring that plans are registered in a timely fashion. We are available to consult with subdividers about the steps leading to final registration of the Plan.

On the subdivider’s instructions we will prepare and register restrictive covenants designed to assist in the control of development and compliance with the requirements of the Municipality. At the same time we will prepare an agreement for the sale of lots which will recognize the unique nature of the development.

We also have experience in providing protection to the subdivider in dealings with others who are involved with it in the development of the land, from dealings with the original land owner to those with financial interests in the development.

Condominium Registration
We have been involved in the registration of more than fifty condominium plans. Our concentration has been on smaller residential townhouse projects but we do have experience with apartment condominiums and some mixed use projects.

In the early stages of the project we typically meet with the developer and its consultants to address difficult issues early in the process and to understand all matters that must be addressed in the condominium documentation.

Once all the preliminary decisions have been made we prepare all the condominium documents as well as the disclosure documents and a budget all of which are submitted to the developer for review.

Prior to registration of the condominium plan we will assist in the coordination of satisfaction of all conditions of draft plan approval. When all conditions have been satisfied we work with the land surveyor to have the Plan and Declaration approved by the Land Registry Office and the Municipality and finally registered.

After the Plan has been registered and units sold we will assist in the final turnover of the project to the unit owners.

 

Registration of Land under the Land Titles Act
Before a plan of subdivision or condominium plan can be registered the land which it will cover must be registered in the name of the property owner with an “absolute title” under the Ontario Land Titles Act. Since most Land in Ontario is registered under the Land Titles Act with a “qualified title” an application to the local Land Registrar for “absolute title” is often required.

The application requires a full survey of the boundaries of the land together with a thorough title investigation of the property. All abutting owners and persons with a potentially conflicting claim must be formally notified.

If no objection to the application is received within a short period following notification a formal application is made to the Land Registrar, supported by required documentation. Once the application and relevant documentation has been reviewed and the Land Registrar is satisfied the owner will be registered with an “absolute title” and the process of registering the plan of subdivision or condominium may proceed.

An application for “absolute title” may also be used in some cases as a method of clearing problems with an owner’s title.

We have extensive experience in these applications and would be pleased to discuss the implications of “absolute title” with you.