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Doctrine of Merger:
Common law doctrine: superior right or entitlement annihilates the lesser (lesser disappears in the larger)
Tenure doesn't matter - identity does. Two owners holding abutting lands: one tenancy in common, other in joint: merge!
Planning act prevents:
S 50(3) The sale of lands that abut (merged) - not even right of way over one's land.
Failure to comply prevents good title: onus on purchaser.
Subdivision Lots on registered Plans:
S 50(3)(a): allows for any conveyance of land within a plan of subdivision.
How to Register Plan of Subdivision:
Be owner of parcel of land.
Fill out municipal authority's application form and pay fee.
Create plan, showing roads, proposed property divisions - compliance w/ by-laws, house distance from road etc.
Maybe public meeting...
Municipality Approves? Register and then good to go.
Identity of grantor for application of 50 (no sale of abutting)
Interpreted strictly. Different owners where A owns 1 and A+B own 2. However, if B dies then merger - no sale of abutting lands.
Simultaneous Conveyance avoid S 50?
No: amendment 50(15) closed that loophole.
Severance Requires: (even for easements and consents)
Consent of the land division committee - may impose conditions: 1 year to comply...
S 50(12) states that consents allow for sales that would otherwise violate subsections 50(3) and(5).
Severance applies from then on unless LDC stipulates otherwise.
Lapsing of Consent:
must convey within 2 years. Otherwise consent lapses; new app for consent necessary.
Can convey to self to effect severance.
Consent and previous breaches of 50:
Consent can be granted retroactively curing defect. Land sold in violation of planning act? May be cured if consent given upon application.
Conditional Upon Compliance w/ S 50:
If acting for purchaser: make purchase agreement conditional upon compliance with S 50.
Failure to include compliance condition may make the K unenforceable: might not though if courts read in compliance condition.
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