Western Canada Business Litigation Blog

Tag Archives: Real Property

The Perils of Trespass

Posted in Civil Litigation
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Few property disputes engender more anger and unreasonable behaviour than trespass and nuisance claims between residential neighbours.  Municipal and other authorities, such as regional districts or stratas, are either loath to get involved or simply refuse to exercise their authority, though that would often resolve matters sooner.  As a result, such disputes between neighbours often… Continue Reading

How to Remove a Certificate of Pending Litigation

Posted in Civil Litigation
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A certificate of pending litigation (a CPL) is a form of charge that can be registered on title to land where someone commences a legal claim in which they assert an interest in that land. CPLs are intended to protect the claimant’s interest in that land. For example, if a plaintiff asserts money they lent… Continue Reading

A Fixture or a Chattel: The $4.2 Million Question

Posted in Commercial, Real Estate
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Likely because the application of the law is uncertain, commercial leases generally have detailed clauses dealing with the question of when a piece of equipment or an improvement installed in a premises becomes a fixture or remains a chattel.  The answer matters as fixtures, in law, are considered to be part of the land and,… Continue Reading

How to Remove a Restrictive Covenant

Posted in Real Estate
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It seemed like a good idea at the time. However, as time passes, things change and having a restrictive covenant on title to property can become a big problem. Restrictive covenants are charges registered on title to land that restrict the use and enjoyment of that land in some way.  They can prohibit activities on… Continue Reading

Is it a Fixture or is it a Chattel?

Posted in Commercial, Real Estate
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Landlords, tenants and law students all wrestle over what it means for something to be a fixture as opposed to a chattel.  It matters to landlords because, at the end of a tenancy, fixtures can become their property and enhance the land value.  It matters to tenants because they risk losing valuable assets installed on… Continue Reading