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We all take real property purchase agreements seriously. We read only the title and we know that a transaction is likely to occur, perhaps a significant one. We can also reasonably expect that there will be a property, a price, a timeline, probably some representations and warranties, and perhaps conditions to be satisfied. But an option to purchase a property? Well, that just doesn t sound quite as important now does it? After all, if something is optional it might not even be needed, or it might never exist. It certainly doesn t seem to warrant as much attention as an agreement to purchase so perhaps no great amount of attention should be paid to it? ....
The Ontario Court of Appeal recently had the opportunity to apply the test for establishing adverse possession in Palmer v. Ioannidis. The facts of the case serve as a good reminder to those who, with all good neighbour intentions, allow another to use or access a portion of their lands for ten or more years. ....