When you buy a home the first step is usually to sign an Agreement of Purchase and Sale. This agree ment outlines each person’s rights and obligations and sets out what must happen before final closing. As such, it is generally a good idea to have the Agreement reviewed by a lawyer before you sign the agreement. This will help to prevent you from agreeing to something not in your best interests. This is particularly important when buying a new home from a builder because of the numerous and lengthy provisions in the agreement, especially those relating to extra charges and changes to the closing date.

The recent case of Clark v. Kwasney decided by Mr. Justice Reid here in Hamilton further emphasizes the difficulty of establishing “squatters’ rights”. Counsel (Bordin) was unable to convince their clients to settle and therefore the matter proceeded in an expeditious manner to a hearing. The result was a split decision. The fenced area was lost and the unfenced area remained as per the deeds.

A Power of Attorney for Property may save substantial time and money in the event of incapacity or an extended time away from home and is relatively inexpensive. The word Attorney in this context does not mean lawyer. A Power of Attorney for Property is a simple written document that allows someone else financial management of some or all of your property while you are alive. It can become effective now and continuously, for a limited time, or only in the event of incapacity. It can be limited to dealing with all or only certain assets of yours.