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…
Over the past two decades, Manitoba has passed legislation aimed at phasing out existing sewage ejector systems due to issues with leaking and runoff into Manitoba’s waterways. More recently, the provincial government amended the Onsite Wastewater Management Regulations (60/2010), enacted under The Environment Act, to further alter the process for sewage disposal in the Province. The…
Buying your first home is an exciting milestone—but the costs can add up quickly. To help make homeownership more affordable, the federal government has introduced a new GST rebate designed specifically for first-time home buyers purchasing newly built homes. This program can result in significant savings, with eligible buyers potentially recovering up to $50,000.00 in…
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…
The Prompt Payment Amendments to the Builder’s Lien Act, also known as Bill 38, received Royal Assent on May 30, 2023, and went into effect as of April 1, 2025. This amendment was intended to establish a timely flow of funds within a construction project by imposing deadlines on each payor in the construction chain.…
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…