After a person has passed away, who has the right and responsibility to arrange for the funeral and the disposition of the deceased person’s body?  This question may arise when a person considers making advance funeral instructions.  This question may also come up where the family or friends of a deceased person disagree on funeral…

A person who owns land along a river or other body of water is called a “riparian owner”.  The rights that a riparian owner has to use of the river are called “riparian rights.”  A riparian owner does not own the river itself.  Pursuant to The Water Rights Act of Manitoba, all property in the…

In our real property system landowners can, for the most part, absolutely rely on what the Certificate of Title says as a full and complete answer regarding rights to any particular piece of real property. Section 59 of Manitoba’s The Real Property Act says that very explicitly. It reads: Conclusive evidence — title paramount (indefeasible)…

Do geographical boundaries matter when appointing someone as a power of attorney or executor?  While there is no absolute prohibition on appointing non-residents, it may be wise to choose someone close to home. Power of Attorney An attorney appointed under a Power of Attorney does not need to be a resident of Manitoba, or even…

An easement is the right over another’s property. It grants the right to do something; such as a shared driveway or the right to walk across a property. An easement can also restrict the use of the property by restricting the owner from doing certain things. A property owner cannot, for example, put up a…