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…

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: 59(1) Every certificate of title or…

SNJ recently became a Copper Pledge Donor with the Southeast Cancer Support Services. This 5-year pledge commitment helps build long-term sustainability for Southeast Cancer Support Services, ensuring they can continue to walk alongside patients and their families right here in Southeast Manitoba for years to come. Because every dollar stays local, your support directly strengthens…

Fees The fees to your lawyer charges for all typical work with respect to your purchase include such things as: To ensure fair and competitive fees, the lawyers within our firm generally abide by a price guideline established by our firm, which is dependent upon the amount of the transaction, and the complexity of the…

Property taxes must be paid on all residential real property as charged by the city, town or municipality in which the property is located. The tax period for all properties is the calendar year, despite the fact that the due dates for the payments of taxes will differ depending on the city, town or municipality…

The issue of GST, as it applies to the sale of a home is a complex issue which should be discussed with your lawyer at an early stage to determine whether it must be charged and collected from the buyer of your home. It is the responsibility of a seller to determine whether a particular…

In Manitoba, a buyer is required to pay Land Transfer Tax. There are only very limited exceptions to the payment of Land Transfer Tax. For example, an “interspousal” transfer of land between spouses or common-law partners in typically exempt from Land Transfer Tax, however, a minimum registration charge will be applicable. The sale of farmland…

It is often a term of the Offer to Purchase that the property being purchased shall be free from encroachments from neighbouring properties, that none of the buildings being purchased are encroaching onto the neighbouring properties and that the property will be in compliance with all applicable building and zoning regulations. The only effective way…

The majority of home buyers are not afforded the luxury of paying for a home without obtaining a loan from one of the many available lenders. As a result, it is usually a requirement that the buyer arrange a mortgage with their lender. A buyer of real property should be aware that the requirements of…