What it is
Title deeds often contain historic conditions restricting use, the number of dwellings or building lines. Even where zoning permits a use, a restrictive condition may prevent it. Municipalities can remove or amend such conditions through an application under their by-law.
When you may need it
- Your title deed restricts the property to one dwelling
- A condition prevents business use despite suitable zoning
- Building-line conditions in the title conflict with your plans
What our work includes
- Title deed review and identification of conflicting conditions
- Application and motivation
- Notification of beneficiaries where required
- Follow-through to endorsement by the Deeds Office
The broad process
- 1.Title deed review
- 2.Application and notification
- 3.Evaluation and decision
- 4.Deeds Office endorsement
Documents commonly required
- Full copy of the title deed
- Surveyor-General diagram or general plan
- Zoning certificate or current land-use information
- Power of attorney and owner consent where applicable
You don’t need these to make an initial enquiry.
What affects cost and duration
- Professional planning fees for preparation and motivation
- Municipal application fees set by the relevant municipality
- Advertising and notice costs where public participation is required
- Specialist reports (for example traffic, engineering services or environmental)
- Conveyancer fees for Deeds Office endorsement
We provide a project-specific quotation that separates professional fees from municipal charges, advertising and specialist costs. Timeframes vary with scope, completeness, objections, specialist work and municipal processing.
Limitations
The interests of beneficiaries of the condition are considered and may lead to refusal.
Questions
Where do I find my title conditions?
In the title deed, obtainable through a conveyancer or the Deeds Office. We review it once you appoint us.