How have courts in BC dealt with an agreement of purchase and sale that includes "adjacent land" that the vendor does not yet own?
British Columbia, Canada
The following excerpt is from Stevenson and Bottay v. A.J. Environmental Logging Ltd. and Hammond, 2007 BCSC 1154 (CanLII):
A different result was reached in Britton v. Buhr 1994 CarswellBC 802. In that case, there was an agreement of purchase and sale that included certain “adjacent land” that the vendor did not yet own. The agreement was subject to the vendor acquiring title to that adjacent land, which was in turn dependent on that land being subdivided from a larger property. There were delays in obtaining approval of the subdivision and in meeting government requirements, so the sale could not be completed by the date set out in the agreement.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a purchaser's agreement to forfeit a deposit directly to the vendor if a land sale transaction does not complete? (British Columbia, Canada)
Does a purchaser have a right to resile from a contract of purchase and sale if the purchaser fails to complete the purchase at the agreed price? (British Columbia, Canada)
How have the courts in BC dealt with the issue of an oral agreement to modify the terms of a purchase and sale contract? (British Columbia, Canada)
What is the test for enforcing an oral agreement for the sale and purchase of a parcel of land? (British Columbia, Canada)
When a lien has arisen between vendor and purchaser, can the court decline to enforce the lien because of "unfairness"? (British Columbia, Canada)
How have courts dealt with dangerous play surfaces in tennis courts? (British Columbia, Canada)
Does the court have the power to extend the time for specific performance of the purchasers covenant under the agreement for sale? (British Columbia, Canada)
Is a real estate agent required to notify the purchaser that it had repudiated a purchase agreement? (British Columbia, Canada)
How have the courts in BC dealt with the issue of a draft Agreement between a husband and wife? (British Columbia, Canada)
What constitutes the "entire agreement" clause in an agreement of purchase and sale? (British Columbia, Canada)
