Last blog added on Wednesday, May 20th, 2020

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Recent Posts

Below is a preview of the five most recent posts from the blog Pitblado Law Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • KEEPING IN PLACE AN "OLD MORTGAGE" WHEN PAYING OUT THE MORTGAGEE

    Edward D. (Ned) Brown Pitblado LLP April, 2020 Section 6 (“Section 6”) of The Mortgage Act (Manitoba) (the “MMA”) provides that where certain persons entitled to redeem a mortgage (hereinafter a or the “Redeemer”) are prepared/willing/want to pay the secured debt to the mortgagee, there is a choice … Read more »

  • TRUSTS AND INDEFEASIBLE TITLE UNDER THE TORRENS LANDHOLDING SYSTEM

    Edward D. (Ned) Brown Pitblado LLP March, 2020 Assume the following fact scenario. “X” is the owner of a parcel of real estate (the “Realty”). “X” has three children and has become estranged from two of them, but maintains good relations with the third child. Fearing that the estranged children may … Read more »

  • "OUTDATED" BUILDING RESTRICTION COVENANTS

    Edward D. (Ned) Brown Pitblado LLP February, 2020 In land law, a “restrictive covenant” is an undertaking given by the owner of a parcel of land (the “burdened land”) to the owner of an adjacent or a neighbouring parcel of land (the “benefitted land”) whereby the burdened land owner promises, on beh … Read more »

  • PRE-INCORPORATION CONTRACTS: A TRAP FOR THE UNWARY

    Edward D. (Ned) Brown Pitblado LLP January, 2020 In the past, it was legally impossible for a corporation to be a party to an agreement where the agreement was entered into on behalf of the corporation prior to the incorporation of the corporation. So if “A”, being a developer and promoter of an ant … Read more »

  • PROTECTION FOR "PROTECTIVE ADVANCES" IN EXCESS OF A MORTGAGE'S FACE AMOUNT

    Edward D. (Ned) Brown Pitblado LLP December, 2019 The owner (the “Owner”) of a parcel of real estate (the “Property”) decides to develop the Property into a multi-unit mixed use condominium project (the “Project”). The Owner pre-sells units in the Project to a number of buyers (“Unit Purchasers”), e … Read more »