June 15, 2012
69. Report on Accounting and Contribution Between Co-Owners
Co-ownership of land is very common. The body of law that concerns financial relations between co-owners of land, however, is rudimentary and archaic. This report recommends reforms that are overdue and will give modern context to a neglected area of the law of co-ownership.
68. Report on Partition of Property Act
Partition and sale in lieu of partition are remedies available to a co-owner of land who wishes to end the co-ownership without the consent of other co-owners. In British Columbia these remedies are partly governed by the Partition of Property Act. Much of the Act consists of procedural provisions that Read more…
67. Report on Restrictive Covenants
Covenants that run with land can protect important interests and amenities against incompatible patterns of land use. Unlike normal contracts, they may be enforced against successive owners who are not parties to the covenant. Under existing law, covenants must be “negative” or “restrictive” (imposing a prohibition) in order to “run Read more…
66. Report on Joint Tenancy
Some of the common law rules governing joint tenancy are not in keeping with present-day circumstances. This report makes numerous recommendations for the reform of the law of joint tenancy to remove some of its more anachronistic features and allow this very popular way of holding land to better serve Read more…
65. Report on the Doctrine of Implied Grant: the rule in Wheeldon v. Burrows
The doctrine of implied grant, also known as the rule in Wheeldon v. Burrows, may apply in some circumstances when a landowner transfers part of the land and retains the rest. It allows for implied easements to arise over the land retained so as to allow reasonable use of the Read more…