March 1, 2011 Issue 21

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March 1, 2011 - Vol 25a

P R E S E N T E D

B Y

T H E

G O L F I

T E A M

FIND US ON:

Happy St. Patrick’s Day March 17 th

Rob Golfi Sales Representative

Rob Golfi Sales Representative

Sharon Stafford Sales Representative

Heather Reid Sales Representative

Hans Marcelissen Sales Representative

Wendy Murray-Nicholson* Sales Representative

Ashley Sidler Sales Representative

Dena Zlatar Office Manager

www.GolfiTeam.com

Rosemary Fournier Listing Co-ordinator

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The Golfi Team Real Estate Market Watch

About Rob Golfi

S

ince the inception of his career in 1997, Rob Golfi has recognized that understanding his clients’ needs is essential to providing excellent service.

As business grew, Rob assembled the Golfi Team in an effort to maintain the same level of professionalism clients have come to expect. Shortly thereafter in 2003, the team received the prestigious honour of being among the top 100 Real Estate Teams for RE/MAX Canada, and this status continues to date.

Rob’s experience and aggressive negotiating skills have earned him every major honour awarded by RE/MAX, including President’s Club, 100% Club, Platinum Club, Chairman’s Club, Hall of Fame in 2003, the Lifetime Achievement Award in 2006, his SRES® designation in 2009 and the Diamond Club Award in 2010. Having worked with

by: Rob Golfi

many of the industry’s professionals over the years, he has the necessary edge to best negotiate the sale of your home.

Any agent can list your house, but Rob’s knowledge, extensive marketing background and dedication gives clients peace of mind when dealing with the single most important investment in their lives. With years of combined experience, the Golfi Team can provide your home with a level of exposure that most agents cannot. Utilizing a team approach also means that they will likely find a purchaser to buy your home sooner, rather than waiting for other agents to approach you with potential buyers.

Ranked in the top 5 of nearly 2,000 sales agents in the Hamilton-Burlington and Niagara areas, listing with Rob and the Golfi Team is the right choice when choosing someone to represent your best interest. -Å

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The Purchaser's Right to Rescind: Easements Materially Affecting Use Typical language in an agreement of purchase and sale provides that the purchaser agrees to accept title “subject to any easements for sewers, drainage, public utilities, phone or cable lines or other services that do not materially affect the present use of the property.” Language such as this is usually found in either a preprinted form that may be used by the parties or in specifically negotiated “Permitted Encumbrances” in larger deals.

In Ontario, the test for whether an easement materially affects the use of a property is set out by Justice Moldaver in Stefanovska v. Kok (1990), 73 O.R. (2d) 368 (Ont. H.C.): … the test to be applied is whether the vendor can convey substantially what the purchaser contracted to get. In this regard, all of the surrounding circumstances must be considered to determine if the alleged impediment to title would, in any significant way, affect the purchaser’s use or enjoyment of the property.

Justice Forestell, in Ridgely v.

Nielson, [2007] O.J. No. 1699 (Ont. S.C.J.), outlined four factors to be considered in determining whether an easement is material: the location of it; the size of the easement; the point of access; and the owner’s enjoyment of the property.

The point at which an easement “materially affects” a purchaser’s use of a property was recently considered by the Ontario Superior Court of Justice in Macdonald v. Robson (2008), 76 R.P.R. (4th) 156.

In this case, the parties entered into an agreement of purchase and sale for a two acre property. The purchaser gave evidence at trial that the property suited his interests as its lay-out would enable him to build a structure on the west side of the property to house his tractor.

The real estate listing for the property made no reference to any easements. However, in fact an easement in favour of the Town of Flamborough affected approxi-

www. GolfiTeam .com

mately 25% of the property. The terms of the Easement Agreement permitted access to the property by the Town to deal with sewer systems and required the property owner to keep the easement area free of all obstructions, including buildings and structures. The restrictions imposed by the easement would have prevented the purchaser’s planned construction of a shed and future building projects.

On discovery of the easement the purchaser’s lawyer requisitioned its removal on the basis that it materially affected the purchaser’s intended use for the property.

The vendor’s lawyer countered that given the size of the property there were alternate areas where a shed could be constructed. An application to court was launched.

At trial, Justice Wilson of the Ontario Superior Court of Justice considered the tests in Stefanovska and Ridgely (outlined above). Given the purchaser’s intention to use the property to indulge his building hobby, and given the size and location of the easement, it had a material affect the on the present use of the property. Justice Wilson ordered the return of the deposit and held that the purchaser was entitled to rescind the agreement of purchase and sale.

On appeal, Justice Carnwath of the Ontario Superior Court of Justice (Divisional Court) upheld Justice Wilson’s decision.

This case is important as it provides insight into when an easement crosses the line between a permitted encumbrance and something that has a material affect on the benefit received by the purchaser. Whether an easement is “material” will be determined on an objective basis, taking into consideration the view of the purchaser.

This case also highlights the importance of a thorough title investigation early in the purchase transaction.

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The Golfi Team Real Estate Market Watch

Page 3

Grimsby, Lincoln & West Lincoln Area

Rob Golfi* JUST LISTeD

D SOL ER TH ANO NE O

Grimsby $299,900 6 Carnegie Lane

West LinCoLn $249,900 1786 Victoria Avenue

stoney Creek $674,900 1217 Green Mountain Rd. E.

Grimsby $179,900 13 Sacks Avenue

COMPLETELY RENOVATED 3 bedroom, open concept 2 storey home. Impressive list of features incl. blown-in insulation, radiant in floor htg, main flr office, speaker system wired in, large lot plus more. Oversized single garage w/ separate furnace. Zoned M1.

Country living at its best sitting on over an acre of private treed lot in fantastic location. Features cathedral ceilings, oversized family room with fireplace, country style kitchen with plenty of cupboards, fully finished basement.

2300 sqft 3 bedroom bungalow sitting on 2 acres of gardens, features gorgeous designer kitchen w/breakfast bar & granite counters, vaulted ceilings in great room w/showcase fireplace, beautiful Brazilian cherry hardwood floors, spa inspired ensuite.

Cute semi in a great neighbourhood close to parks & schools. Nice corner lot! 3 bdrms, two full baths, finished rec-rm w/gas fireplace, & open concept on main flr. Fantastic opportunity for any buyer to aquire in Grimsby.

D SOL ER TH ANO NE O West LinCoLn $329,900 9407 Silver Street

Grimsby $299,900 17 Colonial Crescent

West LinCoLn $324,999 7574 Highway #20

Grimsby $289,900 33 Debora Drive

Amazing updated home on 100 x 200ft lot, built in 1953, has an open concept LR/DR w/hrdwd flrs, huge master suite, New high eff gas furnance/CA, updated main bath, entry doors, & water conditioner. Bonus rm over the garage.

Attractive 4 level back split in quiet escarpment survey. Porcelain tiles, oak eat-in kitchen, vaulted ceilings in LR/DR, main flr laundry, gas fireplace in family room, newer furnace, humidifier & central air, along with new windows, doors, & shingles.

2+1 bedroom fully reno’d & with modern kitchen, cherry wood cabinets, ceramic, cathedral ceilings, adjoined fam room. Thick carpeting in all principal rms & main bath w/whirlpool tub. Dbl side drv, fin bsmt (’06) incl. rec rm, kitchen, bedrm & laundry, 25 yr roof (’04), furnace (’03).

Spacious raised ranch in impeccable condition 3+1 Bedrms, 2 baths, on large 61 x 125 ft lot across from private park, updates include new windows, new furnace & central air, finished bright basement, walk to downtown, 1 min to QEW

WaTerFrONT

Scan this code to view more info on our listings!

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o to pic r o f

Go to www.4qr.ca on your mobile phone to download your free scanner.

Text "GOLFI" to 123411 to view our listings on your mobile phone.

Grimsby

$769,900

Golfi Team has Maximum Internet Exposure to Get Your Home SOLD!

The

2 7th Street Custom built 5yrs new home, with 125 ft of Ledgerock shore protection and walkdown to waterfront. Beautiful kitchen with granite counters and built-in stainless steel appliances, pine plank floors, 4 levels of decking, facing the lake. Fully finished basement. Truly a dream!

Call today!

905-945-0188

if you want it

NeW HOMe

beamsviLLe $228,900 5301 Connor Street 1386 sq.ft. Features include great sized bedrooms with 3 pc ensuite and walk in closet off of master. Kitchen overlooking spacious family room, attached to neighbouring unit at the garage.

SOLD Call Rob Golfi 905-945-0188 or visit

www.RobGolfi.com D SOL ER TH ANO NE O

FontHiLL $634,900 23 Timbercreek Crescent Stunning 4 bdrm, 3300 sqft Executive on exclusive street. Built 4 yrs ago & features hardwood and porcelain floors, granite countertops, 60 interior/11 exterior potlights, main flr den can also be a formal living room. In-law suite w/sep entry plus endless list of upgrades!

WaTerFrONT

D SOL ER TH ANO NE O Grimsby

$1,490,000 143 Lake Street

Fabulous waterfront property! Custom built 3000 sq ft home with Lake views every room.

Maple hardwood floors, granite counters, master suite with access to back deck, ensuite and walkin shower. Handicap adaptable!

Grimsby

$299,900 63 Griffith Drive

Completed top to bottom with professionally finished basement. Spacious eat-in kitchen, dinette, cozy front porch with Escarpment views, patterned concrete drive, patio, private treed yard. Very desirable neighbourhood. Quick access to QEW!

11 acreS

beamsviLLe $259,900 4498 Ontario Street

Grimsby $249,900 65 Hemlock Way

beamsviLLe $459,900 4276 Maple Grove Road

smitHviLLe $279,900 16 Lindan Street

Ideal for Home Business. Impressive 4 bedroom, 4 level back split sitting on 60' x 150' lot. Features hardwood floors, updated windows, shingles ('06), furnace ('03), garage door & opener ('08), 2 fireplaces, walkout from lower level, 20' x 22' garage.

Gorgeous Losani built town home features beautiful designer maple kitchen with breakfast bar, and showcase fireplace in living room.

Master bedroom has luxury ensuite and walk-in closet. 3 bedrooms and oak staircase. Close to parks, schools and QEW access.

Raised ranch on 11 acres, built in 1993, finished in-law apartment with walk out, spacious kitchen with plenty of counter space, shingles one yr, furnace 3 yrs, well maintained home in the heart of wine country.

Prestigious 2 storey built in ‘06 on fantastic size lot, features spacious kit w/granite counters & breakfast bar, beautiful hardwood throughout, a sun-filled living room, large bedrooms, ensuite privilege off master, main floor family room, walk out from bsmt to fenced yard.

Call Today 905-945-0188

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The Golfi Team Real Estate Market Watch

March 1, 2011

Commercial Rob Golfi* NeW PrIce

beamsviLLe $259,900 4498 Ontario Street

beamsviLLe $1,199,900 4485 King Street

beamsviLLe $399,900 5532 King Street

beamsviLLe $249,900 4993 King Street

Ideal for Home Business. Impressive 4 bedroom, 4 level back split sitting on 60' x 150' lot. Features hardwood floors, updated windows, shingles ('06), furnace ('03), garage door & opener ('08), 2 fireplaces, walkout from lower level, 20' x 22' garage.

Over 700 ft of frontage on Niagara's busiest wine route. 26.6 Prestigious acres on the lower bench with over a 20ft fall from front to back of property. Property consists of a large barn with 2 cold storages, heated workshop and parking area. 3 residential detached homes on property.

Zoned light industrial, consists of building plus 4 Bedroom century home sitting on approx 3 acres located on Regional Rd 81 on wine route, with good traffic. Property has 6000 sq.ft steel frame building on concrete slab with 2 washrooms, 220 volts.

Downtown core storefront with large window, front and back entrances can suit 2 businesses or 1 large one. Rear parking and municipal lot.

New furnace, 2pc bath. 1800 sq ft of business space with GC zoning, plus 2 bedroom apartment on upper level.

Squatter’ s Rights

I

n a world of electronic commerce, “squatter's rights” seems to be an anachronism.

Nevertheless, it still applies in many areas in Canada. The law calls it “adverse possession”. Where the law permits adverse possession anyone one who uses land for 10 years or more openly as if they owned it, will be granted ownership to it. The court will order “paper title” to be transferred to the squatter. A key to adverse possession is that the paper title holder must be excluded from the use to which the paper title holder wishes.

Court of Appeal decision in Tasker v.

Badgerow, 2008 ONCA 202 emphasizes the importance of the use of the paper title holder. Unless that title owner’s use of the land is impaired by the squatter, the

DON'T FOrGeT !!!

To change your clock AHEAD one hour at 1 am on March 13!

court will not consider the possession “adverse” and therefore there is no “adverse possession”.

In this case the squatter put a fence around the property, and argued that this was strong evidence of its actual open possession for over ten years without objection by the original owners, and therefore should have title by adverse possession. The squatter lost. The court noted that the land in question is a Mill Reserve, and the claimant’s use was not inconsistent with the title owner’s use.

The owners of the Mill Reserve only ever intended keep the land for purposes containing a millpond or head pond resulting from damming the river, and so the squatters use was not adverse to the interest of the owner.

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Relocating in Canada?

If you are buying or selling a home in another city in Canada, we will connect you with an experienced and knowledgeable real estate agent in that area. Remember, the right Real Estate Agent makes all the difference.

Please contact the Golfi Team at 905-575-7700

Call Today 905-945-0188

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Hamilton & Stoney Creek Rob Golfi*

DunDas

$189,900 21 West Street

HamiLton CentraL $99,900 11 Hope Avenue

east HamiLton $139,900 238 Walter Avenue

HamiLton mtn $424,900 73 Hannah Crescent

Affordable 3 bedroom, 1½ storey home with-in walking distance to downtown. Features new shingles (‘09), beautiful hrdwd flrs, spacious dining room, finished rec-rm in basement, & 100 amp on breakers. Ideal for first time buyer or investor for McMaster Students.

Potential!! Updated kitchen, roof & electrical.

Large principle rooms & high ceilings. Separate dining room, original hrdwd flrs, open concept layout, w/main flr master (16x11) & large fully fenced yard. Needs TLC but loads of potential.

Amazing 2 bedroom home with a large kitchen, living room, and bonus living room/dining room combination with a gas fireplace. Large fenced yard, lots of privacy with above ground pool.

Outstanding 4 bedroom home approx 2400 sq.ft. Former model, features kitchen w/granite counter tops, family rm w/showcase FP, crown moulding, maple hardwood flrs, oak staircase w/wrought iron spindles, and hotel style ensuite bath.

east HamiLton $129,900 193 Tragina Avenue North

mount Hope $379,900 3258 Trinity Church

HamiLton mtn $217,000 7 Carrington Crt

stoney Creek $209,900 2-618 Barton Street

Cozy home in awesome location ideal for first time buyer or retiree. 2+1 bedroom bungalow, most windows updated, new furnace ‘09, hardwood flrs, refaced bathroom, fenced yard, new insulation, new concrete floor & sump pump in basement.

Minutes to the city, loads of updates, features large master bdrm, neutral décor, remodeled bathroom w/separate shower, soaker tub, & heated floor. 2 new bay windows, new front porch, roof '07, new rear deck with hot tub, and finished rec room.

3+1 bedroom semi, central mountain, court location on a large pie-shaped lot. Close to schools. Features hardwood floors under broadloom, mostly new vinyl windows, shingles 10 yrs, furnace 9 yrs, & finished rec-rm with large bright windows.

Immaculate home shows like a dream! Beautiful decor, hrdwd & ceramics throughout, bright kit w/ceramic backsplash, in-law suite down stairs w/full bath & mini kit, master suite w/walk in closet & ensuite, updated windows & shingles.

D SOL ER TH O N A ONE stoney Creek $474,900 17 Gumwood Place

stoney Creek $674,900 1217 Green Mountain Rd. E.

HamiLton mtn $210,000 98 David Ave.

HamiLton east $299,900 2 Renis Court

4+1 BR home on a mature Executive Crt. Close to amenities. Hrdwd flrs, master BR w/ensuite & walk-in closet. Main flr ldry, eat-in kit, DR, LR, family rm w/gas FP. Finished basement w/games rm, bdrm, 3pc bth, & rec rm w/wet bar.

2300 sqft 3 bedroom bungalow sitting on 2 acres of gardens, features gorgeous designer kitchen w/breakfast bar & granite counters, vaulted ceilings in great room w/showcase fireplace, beautiful Brazilian cherry hardwood floors, spa inspired ensuite.

Incredible value in this 3+2 bedroom, brick bungalow, featuring a finished rec-room, hardwood under Berber carpet, mostly vinyl windows, furnace & central air updated 2002, long concrete drive, close to busses and shopping.

3+1 bdrm all brick bungalow will take you by surprise. Upgrades include designer maple kit, hrdwd flrs, porcelain tile, crown moulding, hotel style bathroom, California ceilings, updated vinyl windows, shingles ‘06 & more.

stoney Creek $309,900 39 James Avenue

mount Hope $252,000 59 Critzia Drive, Unit 312

stoney Creek $309,900 39 James Avenue

stoney Creek mtn $309,900 36 Hillcroft Drive

Charming side split in fantastic condition, features beautiful hardwood floors, bright stylish renovated kitchen leading to large deck, classic wood fireplace in livingroom, 3 large sunny bedrooms, family room with showcase fireplace, finished rec room in basement.

Condo in Twenty Place. Features 2 bedrooms, hardwood, ceramics, Califormia Shutters, 2 walkouts to outdoor covered balcony. Don’t miss out! Access to clubhouse with pool, whirlpool, gym, tennis courts, underground parking & large storage locker.

Charming side split in fantastic condition, features beautiful hardwood floors, bright stylish renovated kitchen leading to large deck, classic wood fireplace in livingroom, 3 large sunny bedrooms, family room w/showcase fireplace, finished rec rm in basement.

Charming 8 yr old, all brick, 5 level backsplit.

This home is finished top to bottom & features kitchen overlooking family room w/showcase fireplace, leading to backyard concrete patio & fence yard, finished basement w/rec-room, & 2 full baths.

Winona $359,900 328 Winona Road

east HamiLton $159,900 119 Fairfield Avenue

east HamiLton $284,900 85 Bow Valley Drive

stoney Creek $439,900 46 Second Road West

Easy access to the QEW, shopping,and schools.

Large kitchen with island & granite counters.

Vaulted ceilings, pot lighting, california shutters.

Inside garage entry with main floor laundry.

Fully fenced back yard. Large master, his/her closets & ensuite with corner soaker tub.

3+1 bdrm home w/a side drive, garage, & screened in back porch, includes hrdwd flrs, bright white kit, freshly painted, LR & a great flr plan. Dry basement, Weeping tiles installed 9 yrs ago. Close to all amenities. Come see!

Immaculate 3 bedroom with fully finished basement. Spacious living room and dining room. Eat-in kitchen has been updated and boasts ample counter space and cupboards.

Updated vinyl windows, concrete drive and patio in fenced yard.

Oh my gosh, best value for this great 5 bedroom, 5 level back split, sitting 100 x 152 ft lot.

Everything is done -- all you have to do is move in. Features gorgeous hardwood floors, beautiful Florida room, showcase fireplace, perfect for growing family, fantastic location close to all amenities.

Call Today 905-575-7700

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The Golfi Team Real Estate Market Watch

March 1, 2011

Visit our Website!

View any of the listings in this publication at

www.GolfiTeam.com Extra pictures, More details - Check it out!

Household Hints Apple Pie Spice Room Air Freshener 6 drops Cinnamon essential oil 3 drops clove essential oil Add to distilled water in the spray bottle, shake well and spray as a fine mist. I love this one sprayed in the kitchen!

Instant decorating Tips to Brighten your Home

Icy Door Steps For icy door steps in freezing temperatures: get warm water and put Dawn dishwashing liquid in it. Pour it all over the steps. They won't refreeze. (wish I had known this years ago!)

Cure for headaches Take a lime, cut it in half and rub it on your forehead. The throbbing will go away.

Crayon marks on walls?

This worked wonderfully! A damp rag, dipped in baking soda. Comes off with little effort (elbow grease that is!).

Permanent marker Permanent marker on appliances/counter tops (like store receipt BLUE!) rubbing alcohol on paper towel.

Double Your S.O.S. Pads Whenever I purchase a box of S.O.S Pads, I immediately take a pair of scissors and cut each pad into halves. After years of having to throw away rusted and unused and smelly pads, I finally decided that this would be much more economical. And now a box of S.O.S pads last me indefinitely! In fact, I have noticed that the scissors get sharpened this way!

Blood Stains Not to worry! Just pour a little hydrogen peroxide on a cloth and proceed to wipe off every drop of blood. Works every time!

Open a Sealed Envelope Sealed envelope - Put in the freezer for a few hours, then slide a knife under the flap. The envelope can then be resealed. (hmmmmmm!)

Artificial Flower Cleaning To clean artificial flowers, pour some salt into a paper bag and add the flowers. Shake vigorously as the salt will absorb all the dust and dirt and leave your artificial flowers looking like new! Works like a charm!

Appliance Cords Storage Use Empty toilet paper roll to store appliance cords. It keeps them neat and you can write on the roll what appliance it belongs to.

Which Side is Clean?

Use vertical strokes when washing windows outside and horizontal for inside windows. This way you can tell which side has the streaks. Straight vinegar will get outside windows really clean. Don't wash windows on a sunny day. They will dry too quickly and will probably streak.

Air Freshener Spray a bit of perfume on the light bulb (while it's off and cold) in any room to create a lovely light scent in each room when the light is turned on.

Place fabric softener sheets in dresser drawers and your clothes will smell freshly washed for weeks to come. You can also do this with towels and linen.

Freeze your Candles Candles will last a lot longer if placed in the freezer for at least 3 hours prior to burning.

Fresh Celery Wrap celery in aluminum foil when putting in the refrigerator and it will keep for weeks.

A

s the winter dark recedes to spring sunshine, Sally Morse, director of creative services for leading window covering manufacturer Hunter Douglas, offers the following easy, affordable tips to give an instant uplift to every room in your house:

ing uplifts. Bring home those tranquil colours from your last seaside vacation, especially the soft blue/greens at the point where the sky meets the sea.

Consider Silhouette shadings in the light–dimming Bon Soir fabric for a good night's sleep. The window fashion also absorbs sound.

Living Rooms Refresh your living room with slipcovers in light, washable fabrics.

Bring standard slipcovers to a monogram shop where you can add your initials, a family crest or motto to give them a custom look. Lighten up that dark fireplace with the addition of some pale wood strung with lights and replace pictures with groupings of mirrors to add reflected light.

Take down heavy draperies and bring the outdoors in with Hunter Douglas Silhouette windowshadings with the Signature S–Vane. Soft and sheer, this elegant window fashion beautifully filters the light with fabric vanes suspended between sheer facings. Your furnishings will also be protected because Silhouette shadings block up to 88 percent of the sun's harmful UV rays when the vanes are open and 99 percent when they're closed.

Bathrooms Turn your master bath into a spa with the addition of piles of white towels, scented candles and a fresh coat of paint. And don't forget the “fifth” wall…if you choose white for the walls try painting the ceiling sky blue.

Bedrooms Invest in new bedding to make the room seem as if it belongs in a luxurious boutique hotel. Add some pillows in a variety of sizes anchored by a bolster. Top the bed with a lightweight blanket or pretty sheet and roll a comforter at the foot to have on hand for chilly evenings.

A new coat of paint is one of the quickest and most dramatic decorat-

Kitchens Don't be afraid of adding colour to your kitchen. When I installed a black glass counter backsplash, it set off the other colours and enhanced the space by creating an optical illusion of infinity. Something as simple as changing your kitchen towels can even add colour and “spice” to a kitchen.

Dining Rooms To dress up your dining room, get your silver, mercury glass and china out from the cupboard and put it on display. Add an area rug and change the shades on lamps and ceiling fixtures. Sheer shades on your lighting as well as at the window will create a soft, translucent light. Put all electric lighting on dimmers so that you can be the movie director of your meals!

With these tips, your home will have an instant uplift for the spring and beyond.

Credit: News Canada

Call Today 905-575-7700

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The Golfi Team Real Estate Market Watch

Page 7

Contractors be Careful — Machinery easily Destroys Survey Evidence

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ontouring, grading, fencing, road building and other works with heavy equipment is a common cause of destroyed survey evidence. Grading along the boundaries of a lot, road, subdivision, hydro line or pipeline right-ofway can result in hundreds of survey bars being moved or destroyed.

An Ontario Land surveyor has to be retained to re-measure and reestablish the destroyed markers. It adds to the cost of construction and, in the end, to the amount the consumer must pay.

The easiest way to avoid the problem is to ensure that the iron bars are clearly identified prior to any earth moving activity so that machinery can avoid them. Check with the Ontario Land Surveyor working on the site and ask for bars to be “referenced” so they can be easily replaced after construction.

Repairing the damage When survey evidence is destroyed, it is often quite costly to reestablish—costs range from hundreds to thousands of dollars. An Ontario Land Surveyor must re-determine boundaries by measuring from the closest survey evidence that can be located. In some areas, the nearest evidence may be blocks away or, in rural areas, miles away. Once the measuring has been completed, a new bar can be set into the ground. Also, a new “Surveyor’s Opinion” and plan of survey must be prepared and filed at Land Titles.

Homeowners should be aware of the location and appearance of the survey monuments on their property, remembering they also mark mutual corners with neighbours. When purchasing land, the purchaser should insist upon an up-todate opinion by an Ontario Land Surveyor as to the extent of boundary. Any monuments should be well guarded by the landowner.

Survey evidence is serious business Setting the extent of real property boundaries is the exclusive responsibility of Ontario Land Surveyors.

Cadastral, or boundary surveying, is a

very complex and highly specialized activity. It is critical that boundaries be determined and marked accurately so that it is clear where properties begin and end.

Landowners need to know where property boundaries are. Without owners knowing boundary locations, buildings could be on property lines.

It could be difficult to meet set back requirements of zoning by-laws, neighbours could build on the wrong side of the line, and safety problems could occur with construction over gas lines and other buried infrastructure located in utility rights-of-way. The Land registry system in Ontario involves the recording of legal land descriptions based upon precise location of boundary markers provided by legal surveys.

Thanks to this registration system and the recording of boundary information, development occurs easily and the transfer of property is simplified as few problems occur when ownership of land changes.

What is survey evidence?

A new boundary is created every time land is divided to form a lot, roadway or utility right-ofway.

The new boundary must be precisely determined. When a boundary is determined, an Ontario Land Surveyor typically sets a one metre-long iron bar at the exact intersection of property lines. The location of these bars is marked in field notes and on survey plans registered in Land Titles. These bars or markers are included in what is called survey evidence. In historic times, other means were used instead of iron bars such as wooden posts, piles of rock, or mounds of earth. Over time, many of these markings have disappeared. When these boundaries have to be re-established, extensive research must be undertaken including measurements from the nearest locat-

able survey marker. Accurately placed boundary markers are essential.

Landowners can be confident that the boundaries of their property, roadways, utilities and other public improvements are precisely located and marked. Also, persons such as contractors needing to know where boundaries are, can find accurate reference points.

Protected by the law Because of their significance, the Ontario Surveys act carefully regulates boundary markers. The law not only provides for the establishment of survey markers, but also the consequences of removal or tampering with them.

Under the Criminal code of Canada, R.S. 1985, c. C-34, s. 398, it is illegal to remove or tamper with an official boundary marker. “Every one who willfully pulls down, defaces, alters or removes anything planted or set up as the boundary line or part of the boundary line of land is guilty of an offence punishable on summary conviction.” A British Columbia man was sentenced to one year in jail for tampering with survey evidence.

Under Section 39, Subsection (1) of the Surveyors Act, R.S.O. 1990, Chapter S.29, “Every person who contravenes section 11 (licensing) is guilty of an offence and on conviction is liable for the first offence to a fine of not more than $15,000 and for each subsequent offence to a fine of not more than $30,000.

Homeowners Beware— don’t throw away the marker A homeowner may wish to find exact boundary locations to build a fence or construct an outbuilding, deck, pool, carport, or shed.

In addition to the difficulty of finding bars, there is often more than one in an area, or none at all. Some bars may not relate to the homeowner’s property boundary at all, but to roads, rights-ofway, or another land-related measurements. It is recommended that homeowners ask an Ontario Land Surveyor to identify the correct boundaries and zoning By-Law setbacks so that mistakes are not made.

Unsuspecting landowners may find an iron bar or pipe, and thinking it just a piece of metal left over from

construction—dig it out and throw it away. They do not recognize their mistake until they are charged, or have to pay the cost of remeasuring boundaries and setting a new iron bar.

Handymen and landscapers beware—if the iron bar is in the way—don’t move it!

If the survey bar is just where the fence post should be—build around it.

The cost of replacing a survey marker could be as much as the cost of the fence, driveway or landscaping in the first place.

Brochure graphics and contents reproduced from the Ontario Land Surveyor’s Association

Home evaluation No Cost or Obligation

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Rob Golfi, Sales Representative

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MarketWatch March A_MarketWatch_Transfer.qxd 26/02/11 3:10 PM Page 8

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OUTSTANDING FEATURES

STYLISH 2-STOREY & BUNGALOW TOWNS NESTLED WITHIN A BRAND NEW COMMUNITY PARK!

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SITE HOURS: Mon,-Thurs 1-5pm Sat-Sun 1-5 pm Fri by appointment

REGISTER ON-LINE NOW! MODEL HOME

1-289-566-9528

905-945-0188 www.homesbycambridge.ca

The bi-weekly P.I. payment, based on 5% down, and a purchase price of $228,000 works out to $864 MONTHLY, (based on 5 year term, 35 year amortization)