Removing a Lien?

[bluenorth]

Hi, I bought a lot that has a lien on it from 1975. The owner went bankrupt and says he paid off the debt a long time ago. My laywer tried to find the lienholder but no luck, is there anyway to get the lien off my property? thanks

[DRD]

Is this property in Ontario? How did you purchase this property, was this a tax sale?....there is a lien act/ repair and storage lien act and they should be available on elaws website

You could also go to the registry office and see if they have a hard copy with more info

Doug

[bluenorth]

Hi Doug, thanks for the reply. The property was bought from KMPG who seized assets from someone who went bankrupt. It's located north of Bancroft in McClure township. I read another posting that refers to a property that has the almost the same description, CON 11  PT LOT9 RP. It was known back in the 70's as the Skidmore Subdivison, the previous owner bought it around 1975 and the lien was never discharged. He claimed that the debt was paid off a long time ago. I went ahead and bought the lot and took out title insurance on it. I paid $8000 and think if I could clean up the title it would benefit the value. It has a great view of the lake, with water access through MNR land directly across from it. The neighbor to the lot came in while I was clearing it off, and told me I can't build there as he had checked it out and was told it was to small. He told me the land is worthless. Reading the legal description it states 0.50 AC which I thought was of proper size. I'm a bit concerned about applying for a permit incase I open up a can of worms that I have no education in. Maybe I bought myself problem? I'm wondering what would be the best approach to find out without compounding the situation? Any help would be greatly appreciated. Jeff

[DRD]

I believe you mean KPMG and your lawyer should have dealt with this at purchase, but kpmg should have done all paperwork in order to sell to you...maybe you can get from them. Did you purchase from the downtown office or the one on young above the 401?   In the area you are talking about I believe you need a 30 m frontage for residential and proper setback for septic, and enough elevation to be above flood plain or 100 year high water. seasonal residential is that can of worms your talking about. do you know what the rp stands for in the description?

[bluenorth]

The lot is a corner lot, legal description is  IRREG 160.01 FR and 153.04 D, so both look to be over 30 m. I bought through a real estate agent and used a local lawyer. I looked into the survey and there were some changes made, part of the lot was taken because they needed to move the road. But the land where the road was to be originally was added to the lot, so it's made up of parts 5 and 6. The real estate and lawyer didn't give too much effort, I can understand that there wasn't a lot in it for them. I guess the only sure way to find out would be to apply for a permit, or is there another way you know of. When I talked to the lawyer about the lien he said they couldn't find the women who registered it and she's most likely dead now. He said don't worry about it because after 40 years it becomes null?  I believe the amount was $2500, I assume the purchase price. That whole area is full of problems like this, the original guy who developed the area went bankrupt as well and a lot of the properties have issues. The lot described in this posting http://taxsaleproperty.org/forum/index.php?topic=740.0  I understood to have no road frontage and other problems. I 've been debating on going to the municipal office in maynooth to see if I could straighten it all out. I just want to figure out what I can so I know what I'm talking about.

[Dave2]

Bluenorth:

The potentially concern I have with a property of this size is required separation between well and septic.  I generally use a rule of thumb of 3/4 of an acre for a minimum purchase to avoid problems.   1/2 acre starts to get tight especially for a corner lot when sometimes there are changed setback rules.   

I suggest you quickly check with the local health unit as you may need to pick adjacent property to do anything with this one. 

Good Luck
Dave2

[DRD]

Do you have any more instering info? There is a lot of things to think about!!! If you buy a canadian made and marketed composting toilet, I have found that they will fight city hall with you in order to defend thier product.  There is no law that I am aware of that says you have to have a water/flush toilet, even though thats what they imply. Also is there any MNR land touching yours or is it accross street or road allowance ect? If there is MNR land touching yours, I have a way to purchase from them that usually works! If so I will tell you in private post. Is there a right of way accross your property including the former rd. If so its probably a no build. Is the road maintained year round by the city? If not it is probably seasonal residential rules. ...could go on for ever here....good luck

Doug

[bluenorth]

Thanks for the reply Doug, i'll send you a pm with more info. There's another lot nearby that you may find interesting, it has deeded access to lake. Jeff