Buying a Residential Lot

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Adult Guardianship

If your family member is no longer capable of making financial or personal care decisions, you may need court-appointed authority to be their guardian of property or personal care. Seniors with dementia and adults with serious mental illness or who suffer head injuries are often left without a power of attorney (POA) to manage their financial affairs. Unless a family member or someone else steps up, a health assessor who decides your loved one is mentally incapable may appoint the Ontario Public Guardian and Trustee (OPGT) as their statutory guardian. You can take responsibility for assisting them by applying to be their guardian in place of the OPGT.

How It Works

01

Request Quote

Click on ‘Get Started’ button to receive a quote from us. If you decide to proceed, our customer care team will reach out to you within minutes to discuss the next steps.

02

Upload Files

You will receive a secure intake link in your inbox to submit your closing documents. After receiving your documents, we will work with the lender to prepare for closing while keeping you informed at all times.

03

Sign Agreement

Once your closing documents are ready, we will book an appointment to review and sign the documents with you. Depending upon your convenience and location, you can meet your lawyer in person or virtually. 

Documents we need

Virtual lawyer services make getting foreign divorce advice more convenient than ever. You can video conference with our licensed family lawyers anywhere in Ontario or make an in person appointment to request a foreign divorce opinion.

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What is guardianship planning?

Do you need guardianship if you have power of attorney (POA)? No, because a POA is created while an adult is capable of making decisions, but wants assistance managing day-to-day affairs like paying bills or is planning ahead for a day when they could be incapacitated. POA appointments are based on choice. Guardians are court appointed when someone who is mentally incapable doesn’t have a POA to represent their interests and can’t express their personal preferences.

Who Can Be a Guardian?

Any adult over 18 with the person’s interests at heart can make a guardianship application. Although trust companies can be appointed, usually a guardian is a loved one or friend who is trustworthy, has a close relationship with them and can manage finances responsibly. Courts or the OPGT hear from spouses, relatives or friends and the person can speak on their own behalf or have a lawyer do so. If you are unsure you are doing the right thing, you can ask for someone to be assessed, provided they don’t have a POA and don’t object. If you decide after the fact that you prefer not to be guardian, you can resign.

Your Legal Obligations as Guardian

As guardian, you are expected to act in the person’s best interests and give them the best quality of life possible. It’s your legal obligation to:

Separate your own and the person’s finances to prevent intermingling assets

Pay legitimate bills, debts and legal obligations they can afford

Collect income and benefits, such as pensions and GST refunds

File and pay taxes

What our customers say about us

We are rated 4.9/5 based on 1,475 reviews.

Convenient Appointments

Make an appointment by calling +1.877.402.4207 or fill out our online booking form. Axess Law gives you the choice of booking an online or in-person appointment. Our lawyers are available 7 days a week, at times convenient for you. We can meet in person, by phone, email, or via a remote video call. In addition to these, there are 5 Axess Law offices located across the Greater Toronto Area – all with onsite parking or easily accessible by public transit.

Some FAQs

If you have a substantial self-directed RRSP and don’t mind paying higher interest rates, consider holding your principal residence mortgage in your RRSP. You get a low ratio mortgage in return (with a 20% down payment), but pay yourself interest instead of your banker.

Axess Law recommends RRSP mortgages as part of a diversified portfolio. You’ll have to factor in setup fees and charges to administer the RRSP annually, Plus CMHC mortgage loan insurance is mandatory, extra expense for you.

Axess Law lawyers are notary publics and can witness and sign statutory declarations or mortgage discharge papers you may need to finalize your new home’s financing. Your mortgage registration or discharging a mortgage in Ontario is complete in a week or so. We research your property title and point out problems like mistakes on property surveys or records that can cost you dearly, now or in the future when you go to sell. Only a lawyer or notary lawyer can complete real estate deals in Ontario. Axess Law is available when you are, 7 days a week, day or evening, online or in-person for a sage mortgage and home buying legal advice.
Our mortgage lawyers partner with your bank or lending institution to make your housing dreams a reality and close real estate transactions using RRSP investments.
You can maximize your RRSP withdrawal by applying for a Canada Mortgage and Housing Corporation (CMHC), Genworth Financial, or Canada Guaranty high ratio mortgage and keeping your down payment as low as possible. You’ll pay more interest than with conventional mortgages, but have the added advantage of knowing your payments are more affordable, just when you need mortgage relief the most.
Co-sharing makes the most of your mortgage money. As long as you have a strategy for how shares in your new investment will be divvied up or bought out in case of a split-up, co-sharing can keep your home buying expenses way down. Just in case, protect your interests by having Axess Law draft a cohabitation agreement for you.

Buying a lot to build your own home has its pros and cons. Ask Axess Law when you need a lawyer for a home purchase or have questions about Ontario real estate law. We help you realize your dream of building a home of your own.

4 Ways to Build Your Dream Home 

Residential lots and bare land are good choices for experienced home buyers who know how to navigate hiring and managing home design and building contractors.

If you’re new to home construction, but up for the challenge, you can:

  1. Buy floor plans online and hire an experienced general contractor to build your new home on a lot of your choice.
  2. Do some work yourself and hire subcontractors (subs) to assist you.
  3. Buy a lot from a new home subdivision developer and have them construct your home.
  4. Buy a new home from a builder in Ontario and design your own dream home.

Axess Law reviews new build agreements of purchase and sale and offers to purchase for residential lot buyers. Our Toronto area and Ottawa mortgage lawyers advise you if your contract is legally sound, because you wouldn’t want to lose your deposit if finance falls through.

Cost of Building vs. Buying

Home contractors agree building a house can be cheaper than buying. You save on real estate commissions and the markup sellers put on homes to make a profit. Axess Law’s mortgage lawyers can seal the deal when you refinance your current home to make a downpayment on buying a lot.

If paying contractors is an issue, your lender can give you construction advances — a form of mortgage advanced in stages to pay contractors and subs. Once the home is complete, your advances are converted into a traditional mortgage, with terms you select.

Writing your financing arrangements into the agreement of purchase and sale can prevent downstream headaches. 

What to Look When Buying Lots

Location, location, location.The right lot can make your new home far more profitable and enjoyable. Axess Law advises to look for these features to get a prime property location.

  • Residential Zoning — Avoid mixed commercial or industrial zoning if what you want is peace of mind from on-street customer parking, commercial traffic and shoppers or tourists. Zoning applications and permission for construction variances are time consuming and may require you to hire professionals to prepare property surveys or engineering documents. Unless you’re buying a commercial building, steer clear.  
  • Multi-family Properties — Apartment complexes that materialize after you buy can rob you of desirable sight lines and increase vehicle traffic. You could wind up living on a busy transit route or contending with high renter turnover.
  • Heritage or Historic Districts — Arts and crafts bungalows, farmhouses or multi-storey brownstones could be a sign your neighbourhood has historic or heritage designation. You may not be able to knock down a fixer upper to build a new home on the lot you choose or be limited to period design styles.
  • Restrictive Convenants — New subdivisions can have restrictive covenants that dictate what kind of home you can construct or what colour you can paint it. Ask your developer or general contractor if lots they show you are in a restrictive covenant community.
  • Safe Spaces — Work nights or have children? Underlit streets, bushes that obscure your view or desolate spaces with abandoned buildings and empty alleyways may not be the best for you. Before you buy, check with realtors or police for local crime stats.
  • Challenging Geography — Watch for steep or rocky embankments, leaning trees or streams that could compromise lot stability and suitability. Underlying issues like a high water table, unstable trees or a floodwater zone designation may affect mortgages, home insurance or building permits. Ravine or tree clearance approvals can be required in Toronto.   
  • Property Rights — Neighbourly fences and garages could be on or over your property line. A property survey from a local land registry office can show who owns what in a property  line dispute. Axess Law refers you to trusted legal partners if legal action is needed.  

Applying for Building Permits in Ontario

You’ve bought the lot, picked a design you like and planned with the general contractor how to excavate and grade your site. Before you start, make your project legal with a municipal building permit. Your contractor can apply or assist you to file the paperwork.

Your permit will state how long you have to begin construction (12 months in Toronto). The permit is usually valid as long as you are actively working on your home. 

Permits can be revoked and fines levied if you start a building or renovation project without a permit or take too long to build. Axess Law can refer you to qualified new home construction lawyers if your project hits a building snag.

Why You Need a Lawyer

Real estate purchases can be subject to conditions like mortgage financing, environmental assessments or variance applications to change the zoning or lot use. Municipal easements or a lien on a home or property could block or delay your purchase.

Axess Law lawyers search the title for a construction lien and easements. We have cheap real estate lawyers in Toronto area and Ottawa who can transfer lots from seller to buyer by registering the title of property in your name. We arrange for land transfer taxes and HST to be paid if they are owed. If the lot is an estate sale, your lawyer communicates with the estate trustee.

We prepare land registry discharge of mortgage documents. Our mortgage lawyers answer questions like can you get a mortgage for land or do you lose your deposit if financing falls through

Professional Ontario Real Estate Lawyers

Axess Law’s real estate lawyer flat fees keep buying vacant land affordable. You pay only $999.99 and up to buy real estate or $799.99 and up to sell property anywhere in Ontario. 

Use our online booking form to make appointments in just minutes. We have open law offices near you — call ahead, toll-free to 1-877-402-4277 or 1-647-479-0118 in Greater Toronto Area, to find a convenient time. 

We have land transfer lawyers near you who can go online anywhere in Ontario or meet in person, day or evening. Our law offices are open on weekends. 

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