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Buy/Sell a Home FAQs

(Frequently Asked Questions)
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  1. What's the difference between joint tenancy and tenancy in common?

  2. This house I want to buy has a garage that looks like it's partly in the neighbour's yard. Do I need to worry?

  3. I'm getting a mortgage to buy a house. Can my lawyer prepare the mortgage documents?
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1. What's the difference joint tenancy and tenancy in common?

If you're sharing ownership of the property, there are two ways to register. For "joint tenants," if one owner dies, the property automatically goes to the surviving owners, without becoming part of any estate. Joint tenancy is common between spouses, especially for the house they live in.

Meanwhile, if a "tenant in common" dies, his share goes into his estate and is dealt with according to his will, if any.

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2. This house I want to buy has a garage that looks like it's partly in the neighbour's yard. Do I need to worry?

If any buildings, fences, retaining walls, eaves or other structures are on someone else's land, you're "encroaching." You'll need to get the other property owner's written permission. Otherwise, she could insist that you demolish whatever's encroaching.


Only a professional land surveyor can tell you whether the garage is an encroachment. He'll take measurements on site, prepare a plan showing the lot's boundaries, and make a sketch showing the locations of buildings, easements and rights of way. A professional survey for a house in Vancouver normally costs about $300 CDN. It may be well worth it.

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3. I'm getting a mortgage to buy a house. Can my lawyer prepare the mortgage documents?

Your lawyer may be in a conflict of interest; however, this is permitted if you and the lender both consent to having the same lawyer prepare the mortgage and the transfer documents. If you and the lender later have a dispute (for example, if you don't make the mortgage payments), the lawyer cannot act for either of you.





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This page last updated: August 13, 1999
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