Wednesday, May 27, 2009

Okanagan - Buying a New Home - Charges against title

Understanding the legal issues with purchasing a property or new home can be very challenging. The following article written by Una Gabie of Pushor Mitchell will explain Encumbrances or charges against title.

Buying a new home can be an extremely exciting process. It can also come with its own stresses. There are many things to keep in mind, in addition to the physical condition of the property, when you are purchasing a new home including encumbrances registered against title to the property. Encumbrances, in general terms, are charges registered against title which may restrict the use of the property in some way or, in some cases, provide additional benefits to the property owner. Encumbrances include statutory rights of way, easements, covenants, and statutory building schemes. Each of these charges has a different purpose. A statutory right of way generally provides certain bodies with the ability to make use of some portion of the property. For example, utility services for a home on a property are dealt with by statutory right of way. Easements can either benefit the property owner or permit a neighboring property to make some use of the property. For example, some properties are set up such that the driveway crosses another person’s property and, therefore, an easement can be registered to protect the benefiting property’s route of access. Restrictive covenants can limit a person’s right to make certain uses of their property while a statutory building scheme may dictate certain things with respect to buildings or improvements on the land. It is very important to carefully review these encumbrances prior to or at the time of the purchase so that you, as the purchaser and new home owner, is aware of the restrictions on your rights. Your legal advisor can assist you with understanding the impact of these charges.

If you are purchasing property that is part of a strata development, additional considerations arise. You should be alert to the status of the strata by reviewing the bylaws, receiving disclosure with respect to the contingency fund, and ensuring that all strata fees have been paid to date and that you are aware of your strata fee obligations. The strata bylaws can limit such things as the pet and rental allowances for your unit. Again, your legal advisor can assist you with this and make sure that you fully understand the restrictions with respect to the property you are purchasing.

Purchasing property on First Nations land raises its own unique considerations because such land is sold on a leasehold basis rather than freehold. This means that you, as the purchaser, are acquiring your rights to the lands and/or improvements pursuant to a lease. It is important to have your legal advisor review these considerations with you.

If you have any questions about purchasing your home, please feel free to contact Una Gabie at Pushor Mitchell LLP at (250)869-1230 or by email at

Friday, May 22, 2009

New pump technology cuts noise and energy consumption by 75%...Valley Pools Kelowna

Here is some great news for pool owners form Gene Brown of Valley Pools


I don't know if "pool equipment noise" has been a concern for you on any of your projects. Some municipalities are getting so fed up with complaints of noisy pool pumps that they've mandated sound enclosures for all pool equipments. My partner Skip and I laugh at the ridiculousness of these efforts, when such an easy solution is available.

At least one of the leading pool equipment manufacturers has come out with a new "Variable Frequency Drive" pump design that has brought pump noise down to a whisper. By no great surprise, the electrical consumption has dropped dramatically as well. We've been using these new pumps for more than three years now, and getting outstanding results.

Admittedly, these new pumps aren't just "plug & play. The overall success of this new technology is dependent on three things. It requires:

An intelligent hydraulics design
Highly efficient, oversized plumbing
Proper programming for slightly longer running times at significantly lower amperages
If "noise abatement" and/or "energy efficiency" have been a concern for you on any of your projects, you may want to take a closer look at the attached article, where Skip describes the concepts and challenges in greater detail. Or give us a call. We're happy to help you with any pool-related design or construction challenges.
Till next time,

Gene Brown
President, Valley Pool And Spa

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