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Chender v. Lewaskewicz, 2007 NSCA 108

Facts:

Klara sells part of her land to Chenders. In sale there is a right of first refusal on surrounding land. Klara gifts the rest of the land to son Henry. Chenders believe this triggers RFR.

Issue(s):

Where a party gives up her title in fee simple to a piece of property, does she thereby abandon all legal interests sufficient to anchor standing with respect to the property?

Ratio:

Yes, a person can maintain an interest sufficient for standing in absence of a fee simple, such as a requite of occupancy or a revocable trust

Holding:

It was found she did have standing because she was going to keep living there (i.e. proprietary interest not ownership).


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