tag:blogger.com,1999:blog-3496649135471240613.comments2024-03-18T09:02:12.334-04:00Law of the Lands - Farm, Energy and Enviro LawJohn D. Goudy, Lawyerhttp://www.blogger.com/profile/09256119196803964288noreply@blogger.comBlogger62125tag:blogger.com,1999:blog-3496649135471240613.post-1142194006032129602013-05-24T08:13:58.271-04:002013-05-24T08:13:58.271-04:00To whom was the ROFR granted in the agreement of p...To whom was the ROFR granted in the agreement of purchase and sale? I'm a bit confused by the scenario.<br /><br />A ROFR is granted by the owner of the property. The owner is the vendor of the property. If the vendor has granted a ROFR to a third party and then goes ahead and sells the property without allowing the third party the opportunity to exercise the ROFR, the vendor may be liable. Would the vendor's lawyer have liability? For failing to register the ROFR on title? That would depend on the circumstances (e.g. what involvement did the lawyer have in the granting of the ROFR and in the agreement to sell the property to the bona fide purchaser for value). It's possible that there could be liability attaching to the lawyer as well.John D. Goudy, Lawyerhttps://www.blogger.com/profile/09256119196803964288noreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-78157601044705052022013-05-23T23:14:16.362-04:002013-05-23T23:14:16.362-04:00If a ROFR was included in the agreement of purchas...If a ROFR was included in the agreement of purchase and sale, but it was never registered on title and the property was subsequently sold to a bona fide purchaser for value without notice, without the ROFR being exercised- is the lawyer who failed to register potentially liable?<br /><br />taraRhttps://www.blogger.com/profile/02834595100077037844noreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-37583483407369043342013-04-19T10:04:43.919-04:002013-04-19T10:04:43.919-04:00A municipality would have the right to grant an ea...A municipality would have the right to grant an easement within the road allowance throughout the period it owns the road allowance. If the easement is in place before the road allowance is closed, then it would in all likelihood bind the purchaser of the road allowance. It would be possible at the time of granting the easement to limit it so that the easement terminates when the road allowance is closed or sold. However, in the example given above, the easement is granted "in perpetuity". One might question what consideration the municipality received in exchange for its promise to grant an easement in perpetuity.John D. Goudy, Lawyerhttps://www.blogger.com/profile/09256119196803964288noreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-34892030459504675132013-04-16T05:30:30.367-04:002013-04-16T05:30:30.367-04:00Interesting post and thanks for the share.Interesting post and thanks for the share.Farming Equipmentshttp://www.greavescotton.com/Business/farmEquipment.aspxnoreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-66063712437788173282013-03-27T20:36:26.357-04:002013-03-27T20:36:26.357-04:00How would this case affect a Municipal Right of wa...How would this case affect a Municipal Right of way.Our local council has signed a road user agreement with a wind developer to utilize the Municipal right of way for their infastructure.<br /> One of the clauses states that if the Local council ever closes a road allowance that they will convey an easemnet to the wind company into perpetuity for their infastruucture.<br /> It is our understanding that the right of first refusal if a municpal road allowance is closed goes to the adjacent land owners.<br /> Could the Municipality convey an easement to the wind company before the adjacent land owner has his right to purchase the property?<br /> Would the landowner have to abide by the easement?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-5176882132952259842013-01-30T13:27:42.752-05:002013-01-30T13:27:42.752-05:00This sounds like a trick question. Obviously, the...This sounds like a trick question. Obviously, the answer in any specific situation would depend on the specific circumstances. However, it doesn't seem clear that a right of first refusal could be maintained in spite of the sale of a property. The right of first refusal is generally a right to match an offer to purchase the property that is acceptable to the vendor of the property; if the offer has been made, then the holder of the right of first refusal would normally have to excerise that right or lose it (i.e. the right of first refusal couldn't normally survive the sale of the property). I can't see the prospective purchaser agreeing to continue to be bound by the right of first refusal unless the holder of that right makes a new agreement with the new purchaser.<br /><br />I suppose it might be possible for the original right of first refusal agreement to provide that it is an option that continues in spite of any sale of the property where the right is not exercised. If that was registered on title, it would be "sold with the property". That's a possibility that would require further review.John D. Goudy, Lawyerhttps://www.blogger.com/profile/09256119196803964288noreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-80095155112876667622013-01-29T15:41:27.373-05:002013-01-29T15:41:27.373-05:00Can the right of first refusal be sold with a prop...Can the right of first refusal be sold with a property? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-31783507009329295072012-12-15T12:53:49.728-05:002012-12-15T12:53:49.728-05:00Most of the time, the trees were there long before...Most of the time, the trees were there long before the wire lines; so maybe move the wire, and save the tree for once. It takes hundreds of years to grow these, and creates a gaping hole when you cut them down.<br />There is no such thing as a God given right to cut down trees.<br />It might be easier to take your point seriously if you save the "to whom" and "said tree" and concentrate on dangerious (dangerous), allso (also) responseability (responsibility), ocours (occurs), and the best one dose(does). <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-54615024833999895292012-11-25T03:58:27.032-05:002012-11-25T03:58:27.032-05:00About time they settled with that propertyAbout time they settled with that propertyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-34152160357112320482012-09-19T09:26:20.014-04:002012-09-19T09:26:20.014-04:00That oil tank in our basement is more and more a t...That oil tank in our basement is more and more a ticking time bomb.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-89774051909478096172012-09-13T13:18:40.734-04:002012-09-13T13:18:40.734-04:00Planted butternut trees are not protected unless p...Planted butternut trees are not protected unless planted as a condition under an ESA 2007 permit as replacement trees for one previously cut down.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-5834253388593610822012-03-09T13:33:56.392-05:002012-03-09T13:33:56.392-05:00Nova Scotia board ruling that the owner of the lan...Nova Scotia board ruling that the owner of the land was due for compensation is only the first step in what probably might be a long legal battle.I don't expect to see the company take this ruling because there is a financial cost to them accepting the review board's decision.Lulainehttp://www.legalfunding.com/noreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-9145824737639403712011-10-08T11:36:08.318-04:002011-10-08T11:36:08.318-04:00Great blog. As an environmental lawyer living on a...Great blog. As an environmental lawyer living on a farm in Eastern Ontario, I'm very pleased to see you focusing on rural farm, energy and enviro issues.Gordon Scott Campbellhttp://blog.publiclawadvocacy.comnoreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-6455770801044582802011-09-16T21:49:05.119-04:002011-09-16T21:49:05.119-04:00Expropriation legislation often provides expropria...Expropriation legislation often provides expropriating authorities with the right to carry out appraisals and survey work before the expropriation formally occurs. It may be that no trespass has occurred. You also refer to an existing SRW, which may provide access rights for the work that is being carried out. You should consult a lawyer about the situation. As far as the valuation of the property goes, in the absence of useful comparables an appraiser may take a different approach.John Goudyhttp://landownerlaw.blogspot.comnoreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-17439749221239285912011-08-22T11:14:50.990-04:002011-08-22T11:14:50.990-04:00I have a SRW on my riverfront property with 2 well...I have a SRW on my riverfront property with 2 wells hat serve the community water. They are trying to expropropriate, but are placing leagl pins in and appriasing without formal notice. They have trspass issues to deal with and say they will be resolved by 'aquiring a portion of property' yet we have not agreed to sell them anything. Any advice? There are not too many other 2 acrre parcels of riverfront where I live so finding comparables is going to be a challenge.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-22532241726720577032011-06-23T03:13:11.868-04:002011-06-23T03:13:11.868-04:00I really value your piece of work, Great post.I really value your piece of work, Great post.Gas pipehttp://www.reaygroup.com.au/noreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-87464874560781561032011-06-08T13:31:12.857-04:002011-06-08T13:31:12.857-04:00ONE HAS TO BE CAREFUL HERE IN ALBERTA NOW AS THE P...ONE HAS TO BE CAREFUL HERE IN ALBERTA NOW AS THE PRESENT REGIME HAS EXTENSIVE POWERS TO PASS DRACONIAN LAWS ALLOWING THE STATE TO SIMPLY SIEZE PRIVATE LANDS WITH NO COMPENSATION OR RECOURSE TO THE COURTS. I HEARD THEY FIRED THE CHAIR OR CEO OF THE SURFACE RIGHTS BOARD , IS THAT TRUE? IT WOULD SURE SEND THE MESSAGE NOT TO GET TOO FAIR WITH LANDOWNERS. AS FAR AS PATTERN OF DEALINGS THE OTHER SIDE OF THAT IS SOME OF THE BIG RANCHERS IN MY AREA GET SIDE DEALS FOR "PAINT DAMAGE ETC" AND OTHER FAVOURS REGARDING DUGOUTS AND EQUIPMENT USE THAT US SMALL GUYS CANNOT GET OR PROVE.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-50030647468791711172011-04-12T21:07:48.759-04:002011-04-12T21:07:48.759-04:00As a defendant (cottager) in this suit, I would li...As a defendant (cottager) in this suit, I would like to clarify that the defendants (cottagers) were awarded $15,000 in costs & NOT the Municipality. The defendants (cottagers) had their own legal counsel & pursued the Motion to Dismiss, (which the Municipality did not participate in & in fact sat back & watched to see what the fate of the cottagers would be).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-20495619098405403282011-03-12T15:28:46.175-05:002011-03-12T15:28:46.175-05:00If you're looking for information on the effec...If you're looking for information on the effect of oil and gas wells on water supplies, I would suggest you check with CAEPLA - the Canadian Association of Energy and Pipeline Landowner Associations at www.landownerassociation.caJohn D. Goudy, Lawyerhttps://www.blogger.com/profile/09256119196803964288noreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-71095760486207130122011-03-12T13:15:42.157-05:002011-03-12T13:15:42.157-05:00Do you know if there have been complaints of water...Do you know if there have been complaints of water well contamination from the oil and gas wells? Any credibility to the documentary "Gasland"?Barbara Johnstone Grimmerhttps://www.blogger.com/profile/16337111427764535495noreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-17937167750602041832011-03-12T12:37:11.411-05:002011-03-12T12:37:11.411-05:00Thank you for your questions, Karina. Prices paid...Thank you for your questions, Karina. Prices paid to lease land depend in large part on the market value of the land involved. I would suggest that you consult a lawyer or other real estate professional in the area to see what solar companies, including Samsung, have been paying.<br /><br />As for the other questions you have, the answers depend on the wording of the lease. Again, I would suggest that you consult with someone knowledgeable about leases who can explain the meaning of the contractual terms to you.<br /><br />It would always be open to your mother to offer to sell her property to Samsung rather than leasing it. There is no guarantee, though, that the offer would be accepted.John D. Goudy, Lawyerhttps://www.blogger.com/profile/09256119196803964288noreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-4346294067824776202011-03-10T11:35:25.131-05:002011-03-10T11:35:25.131-05:00Hello,
My mother owns 23 acres near rural Kingston...Hello,<br />My mother owns 23 acres near rural Kingston. Her property is largely wooded, and not suited to agriculture, but her neighbours do have horse and cattle farms.<br /><br />She, along with her neighbours, has been approached to rent her land to Samsung to build solar farms. Before she commits or declines their offer, what is fair to expect per acre for a 20 year lease? And how would the lease affect her ability to renovate her home, build out buildings, or even sell her property should she wish to move? Would Samsung be responsible should this affect her water table? Increase insurance premiums and property taxes? Could she offer to sell her property to them instead of leasing it so she could move away from the project completely?<br />Any guidance is appreciated.Karinahttps://www.blogger.com/profile/08228118574470543908noreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-77299422535539287532011-02-28T12:55:40.141-05:002011-02-28T12:55:40.141-05:00Correction: Mr. McKelvey of Rosemont Livestock was...Correction: Mr. McKelvey of Rosemont Livestock was kind enough to call me today to relate his story on the Federal Court of Appeal decision. He clarified that he did participate in the appeal hearing, but by videoconference from Saskatchewan. A panel of three judges heard the case. The CFIA's lawyer went first. The Court then recessed for 20 minutes. When the panel members came back, they didn't need to hear from McKelvey as the decision had already been made in his favour.John D. Goudy, Lawyerhttps://www.blogger.com/profile/09256119196803964288noreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-53464978295031633222011-02-13T13:29:42.598-05:002011-02-13T13:29:42.598-05:00Assuming that the gas valve belongs to a private e...Assuming that the gas valve belongs to a private entity, it is likely that the only way it can be in place legally is through agreement or by statutory authority. Your comment seems to indicate that there is no agreement and no statutory authority, since no agency has been successful in getting it removed. If the private entity has no right to have the valve there, then the Court could make an order requiring its removal. It sounds, though, as if there is more to the story than that.John D. Goudy, Lawyerhttps://www.blogger.com/profile/09256119196803964288noreply@blogger.comtag:blogger.com,1999:blog-3496649135471240613.post-47525471978298684682011-02-12T23:42:36.755-05:002011-02-12T23:42:36.755-05:00Because of a 6ft. high gas valve on my building lo...Because of a 6ft. high gas valve on my building lot It has become unsaleable. Potential loss $180,000. No permission was given for it, no permit taken out, it is in a dangerous location yet NO agency has had any success getting a commitment to have it removed. What now?<br />R. SmithAnonymousnoreply@blogger.com