FavoriteLoadingSave to briefcase | Rating: | By (2017)

  • PrintEmail Link
  • Viewed 7 times | Saved to 37 briefcases
Chender v. Lewaskewicz, 2007 NSCA 108


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.


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?


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


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

Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.