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An easement (or right-of-way) is an agreement that gives an individual, company or
- municipality the right to use another person’s land in some way. Thus, an easement
- grants rights to a non-owner, while partially restricting the owner’s use of the land
- affected by the easement. An easement or right-of-way usually describes a particular
- portion of property, and although not visible on the ground, provides an area of access
- to the holder of the easement or right-of-way.
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Encroachment agreements are commonly encountered where one owner has
- inadvertently built a structure, such as a fence or garage, partly over an adjoining
- owner’s land.
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Certificate of Lis Pendens
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A certificate of lis pendens (litigation pending), when registered against title, provides
- notice that there is litigation pending, or in progress, in respect to that particular parcel
- of land.
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A permit issued by a municipality to grant permission to keep a
development intact despite the fact that it is contrary to a municipality’s land useprovision.
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Real property report (RPR)
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A legal document prepared by a land surveyor that
- illustrates in detail the location of all relevant, visible public and private improvements
- relative to property boundaries.
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Legal Obligations to the brokerage
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• act honestly toward the brokerage and its broker
- • perform the services the brokerage hired them to perform but not exceed the
- scope of their authority
- • obey the lawful instructions of the brokerage
- • comply with brokerage policies and procedures
- • exercise care and skill in providing services to the public
- • maintain confidentiality of brokerage and client information
- • ensure the brokerage’s fiduciary obligations to clients are satisfied
- • comply with applicable provincial and federal laws related to the provision of
- services to the public
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Fiduciary Obligations
to the brokerage
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In this context the fiduciary (industry member) is entrusted with certain powers by the
- beneficiary (brokerage). Examples of an industry member’s fiduciary obligations to the
- brokerage include:
- • loyalty to the brokerage
- • avoiding conflicts of interest, i.e., between personal interests and the brokerage’s
- interests
- • not misuse confidential information learned from the brokerage
- • account for all monies received from clients
- • not make a secret profit as a result of the relationship with the brokerage
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Statutory Obligations to the brokerage
- The broker and brokerage require the cooperation of all the industry members
- registered to the brokerage in order to fulfill their responsibilities. Rules s. 53 sets out
- requirements and responsibilities of industry members to the brokerage:
- • trade only in the name that appears on the industry member’s licence
- • trade only in the name of the brokerage
- ensure trades and the relevant documentation meet requirements
- • provide the broker with original documentation and/or copies of original
- documents provided to the parties or maintained by other brokerages
- • keep the broker informed of activities being performed on behalf of the brokerage
- • ensure adequate supervision of employees, i.e., assistants
- • notify the broker if a deposit for a transaction has not been received
- • respond promptly to an inquiry by the broker
- • notify the broker upon learning of a violation of the act, regulations, Rules or
- bylaws by any brokerage industry member or employee
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This is a relationship in which the brokerage and client enter into an
- agreement whereby the brokerage represents only that client’s interests in a
- transaction. The fiduciary duties for sole agency are expressed in the Rules: loyalty,
- confidentiality and full disclosure of all conflicts of interest. Other responsibilities
- of a sole agent for a seller or buyer are found in the Rules s. 57 and 58.
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This refers to a situation in which a brokerage represents two
- clients, with conflicting interests, in the same transaction. This could occur when
- an associate represents both buyer and seller in the same transaction, or two
- associates of the same brokerage represent clients with conflicting interests, that
- is, one represents the seller and the other represents the buyer. The Rules s. 59
- speak extensively of the responsibilities of a dual agent.
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