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Article: Top Line Toppled - A Welcome Development For Landlords And Tenants.
- Article from:
- Mondaq Business Briefing
- Article date:
- April 9, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Section 73 of the Land Title Act (British Columbia) provides, in effect, that unless an approving officer approves, a person may not lease an unsubdivided piece of a legal parcel of land for a term of more than three years (leases of portions of a building are exempt). Prior to International Paper Industries Ltd. v. Top Line Industries Inc. (1996), 20 B.C.L.R. (3d) 41 (C.A.), it was generally accepted that the effect of this restriction was that a lease of part of an unsubdivided parcel of land did not create an interest in land registrable in the Land Title Office or enforceable against a third party purchaser, but did create personal rights enforceable as between the ...
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