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Author Topic: Legally Severing Property  (Read 34755 times)

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ChrisCentral

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Legally Severing Property
« on: November 09, 2012, 09:28:43 PM »
Rookie question time - anyone care to share experiences with severing lots? I'm looking for any hints/ tips / advice / warnings / etc...

All insights are very greatly appreciated.
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Frank

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Re: Legally Severing Property
« Reply #1 on: November 10, 2012, 02:30:30 AM »
Lots of experience in that area, as do other board members I'm sure.  Need a more specifics on property you are looking at.  Do not buy anything under that illusion unless you are certain that it can be split.  There are plenty of real estate ads out there that indicate that a property can be split....but if that were true, why don't the current owners go for it...gotta ask yourself that question. 

It is becoming much harder to do this in the province of Ontario than it was thirty years ago, but still doable in some areas.  Totally out of the question in the Green Belt.  Farm retirement severances and infill lots have been outlawed in most of the province.  Lake frontage requirements in most cottage country areas have been increased, and in some cases even when you meet the requirements you may find that it is not allowed on your lake due to over-population and pollution of the lake.   8)
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netpred

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Re: Legally Severing Property
« Reply #2 on: November 10, 2012, 03:30:03 AM »
Frank is of course correct - when isn't he?

« Last Edit: May 20, 2013, 09:58:51 PM by netpred »
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Dave2

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Re: Legally Severing Property
« Reply #3 on: November 11, 2012, 03:13:04 PM »
Quote from: netpred on November 10, 2012, 03:30:03 AM
Frank is of course correct - when isn't he?

A strategy that is useful is to look for a parcel of property that is comprised of two (or more) whole lots on a registered plan of subdivision. Most people think that the two have merged into one (in most cases they would have) but a whole of a lot on a registered plan of subdivision can never merge. So, while you might think that you are buying a single lot, you are really buying two seperate lots. 

One caution in this case is the tendacy for some municipalities to have minimum frontages before they will allow a property to build on.  That maybe in addition to zoning needs in some cases.
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netpred

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Re: Legally Severing Property
« Reply #4 on: November 12, 2012, 01:58:00 AM »
It is with great reluctance that I must admit that I agree with Dave   >:(. Even when buying a whole of a lot, or a severed lot or a parcel or whatever, you always have to be mindful of all building restrictions. One that Dave does not mention is the worst of all - the local conservation authority. In fact, Dave and I have had a wonderful time dealing with one particular employee of one particular conservation authority, but since this is a public forum, i will keep my comments to myself.
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ChrisCentral

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Re: Legally Severing Property
« Reply #5 on: November 12, 2012, 01:56:28 PM »
I'd like to hear more about your conservation authority struggles and insights on successfully obtaining blessings for your plans.

I know an architectural technologist who is constantly annoyed... err challanged, by the two different Consv. Ath.'s but no stories or insight of value to share, next time we cross paths I will ask more questions and hope to find more.

From what I recall navigating the conservation authority takes a long time and lots of cash spent on professional consultations.

Correct??
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