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Prescriptive Easements and Indefeasibility of Title
October 29th, 2020 by Grant M. Driedger
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) 59(1) Every certificate of title or registered instrument, as long… Read More »
Residential Tenancies Branch – Current Issues
August 28th, 2019 by Gemma Brown
RENT INCREASE GUIDELINES The Manitoba Government has set the rent increase guideline – being the amount by which landlords can increase the rent of units without applying to the branch – to 2.4% effective January 1, 2020. This is one of the higher permitted rent increases in recent years. Landlords that want to increase rent by the guideline are reminded that the increase notice must… Read More »
Contracts of Sale and a Real Estate Agent’s Duty of Care
August 26th, 2019 by Gemma Brown
This last September, the Alberta Court of Queen’s Bench articulated the level of skill and care expected of real estate agents when handling their clients’ affairs. Particularly, it discussed the expectations held when advising clients of the meaning and effects of different provisions in a contract of sale. In Alvas v Barrett, the vendors of a home (the Alvases) sued the Barretts for breach of… Read More »
Buying a Home: Land Transfer Tax
June 13th, 2019 by Bonnie Schott
Generally, when a buyer purchases real estate in Manitoba they will incur land transfer tax. Land transfer tax is calculated based on the fair market value of the property (usually the purchase price). The percentage used by the provincial government to calculate land transfer tax differs based on the value of the home (see table below). Value of Property Rate On the first $30,000 0%… Read More »
Manitoba Metis First Time Home Buyers Purchase Program
May 17th, 2019 by Bonnie Schott
Recently, the Manitoba Metis Federation announced the launch of the Metis First Time Home Purchase Program (FTHPP), which is to be implemented and managed by the Louis Riel Capital Corporation (LRCC) starting in the spring of 2019. The FTHPP is designed to help Metis citizens overcome the challenge of trying to save sufficient enough funds for a down payment, as required by financial institutions, for… Read More »
Rules Relating to the Transfer or Subdivision of Properties Containing Ejector Systems
March 8th, 2019 by Gemma Brown
In October 2009, regulations were passed that were aimed at phasing out existing disposal systems to alleviate the problems with leaking systems, and run off into Manitoba’s water ways. The Provincial Government later amended the regulations of The Environment Act, known as the Onsite Wastewater Management Regulations (60/2010), concerning sewage disposal in the Province. The regulations indicated that if there was an ejector system on… Read More »
