Ontario Real Estate Law Flashcards
6 cards from real OREA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Ontario Real Estate Law flashcards as text
In Ontario, what is the effect of a 'zoning by-law' on a property?
Answer: It specifies the permitted uses, building height, setbacks, and density for the property
Zoning by-laws enacted by municipalities under the Planning Act specify how land can be used (residential, commercial, industrial), building heights, setbacks from property lines, lot coverage, and density requirements.
Under Ontario law, what is 'unjust enrichment' in a real estate context?
Answer: When one party is enriched at the expense of another without legal justification, potentially giving rise to a constructive trust
Unjust enrichment occurs when one party benefits at another's expense without legal justification. In real estate, this can arise when one person contributes to the acquisition or improvement of property owned by another, potentially resulting in a constructive trust.
What is the 'Development Charges Act' and how does it affect new real estate development in Ontario?
Answer: It allows municipalities to impose charges on new development to pay for infrastructure needed to serve that development
The Development Charges Act allows municipalities to collect fees from developers when new development occurs to fund the infrastructure (roads, sewers, water systems, parks) needed to support the growth.
In Ontario, what is the 'Electronic Land Registration System' (ELRS)?
Answer: An electronic system for registering documents affecting title to land in Ontario
ELRS is the electronic system through which lawyers and authorized users can register documents (transfers, mortgages, discharges) affecting title to land in Ontario. It replaced paper-based registration and is managed by Teranet.
Under Ontario law, what is a 'minor variance' under the Planning Act?
Answer: A minor deviation from a zoning by-law that can be approved by the Committee of Adjustment
A minor variance allows a property owner to deviate slightly from the requirements of a zoning by-law (such as a reduced setback) without requiring a formal zoning amendment. It must be approved by the Committee of Adjustment based on four statutory tests.
What is the impact of the 'Drainage Act' on Ontario real estate?
Answer: It governs the construction and maintenance of drainage works and may impose assessments on benefiting properties
The Drainage Act governs the construction, maintenance, and repair of drainage works in Ontario. Properties that benefit from drainage works can be assessed for their share of the costs, which can appear as a charge on the property.