March 1, 2011 Issue 21

www.GolfiTeam.com

Rob GolfiSales

Representative

Sharon StaffordSales

Representative

Heather ReidSales

Representative

Hans MarcelissenSales

Representative

Wendy Murray-Nicholson*Sales

Representative

Ashley SidlerSales

Representative

Dena ZlatarOffice

Manager

Rosemary FournierListing

Co-ordinator

P R E S E N T E D B Y T H E G O L F I T E A M

March 1, 2011 - Vol 25a

FIND US ON:

Rob GolfiSales Representative

Happy St. Patrick’s DayHappy St. Patrick’s Day

March 17March 17 thth

MarketWatch March A_MarketWatch_Transfer.qxd 26/02/11 3:08 PM Page 1

Page 2 The Golfi Team Real Estate Market Watch March 1, 2011

www.GolfiTeam.com

Since the inception ofhis career in 1997,Rob Golfi has

recognized that understandinghis clients’ needs is essential toproviding excellent service.

As business grew, Robassembled the Golfi Team in aneffort to maintain the samelevel of professionalism clientshave come to expect. Shortlythereafter in 2003, the teamreceived the prestigious honourof being among the top 100Real Estate Teams forRE/MAX Canada, and thisstatus continues to date.

Rob’s experience andaggressive negotiating skillshave earned him every majorhonour awarded by RE/MAX,including President’s Club,100% Club, Platinum Club,Chairman’s Club, Hall of Famein 2003, the Lifetime Achieve -ment Award in 2006, hisSRES® designation in 2009 andthe Diamond Club Award in2010. Having worked with

many of the industry’sprofessionals over the years, hehas the necessary edge to bestnegotiate the sale of your home.

Any agent can list yourhouse, but Rob’s knowledge,extensive marketingbackground and dedicationgives clients peace of mindwhen dealing with the singlemost important investment intheir lives. With years ofcombined experience, the GolfiTeam can provide your homewith a level of exposure thatmost agents cannot. Utilizing ateam approach also means thatthey will likely find a purchaserto buy your home sooner, ratherthan waiting for other agents toapproach you with potentialbuyers.

Ranked in the top 5 of nearly2,000 sales agents in theHamilton-Burlington and Niagaraareas, listing with Rob and theGolfi Team is the right choicewhen choosing someone torepresent your best interest. -Å

About Rob Golfi

by: Rob Golfi

The Solution

Fill in the grid above, so that each row of

9 squares, each column of nine and each

section of nine (three squares by three)

contains the numbers 1 through 9 in any

order. There is only one solution for the

puzzle and the numbers shown can NOT

be changed.

7 6 1

4 2 5 3

5 8

8 76 5

1 4

2 9 6 1

5 8

6 3 8 5

4 21

SUDOKUSUDOKU

739614 582

418726 953

652439 871

841297 365

375168 429

296851 734

924573 618

163985 24

587342 196

7

Typical language in an agree-ment of purchase and sale pro-vides that the purchaser agrees toaccept title “subject to any ease-ments for sewers, drainage, publicutilities, phone or cable lines orother services that do not material-ly affect the present use of theproperty.” Language such as thisis usually found in either apreprinted form that may be usedby the parties or in specificallynegotiated “PermittedEncumbrances” in larger deals.

In Ontario, the test for whetheran easement materially affects theuse of a property is set out byJustice Moldaver in Stefanovskav. Kok (1990), 73 O.R. (2d) 368(Ont. H.C.):

… the test to be applied iswhether the vendor can conveysubstantially what the purchasercontracted to get. In this regard, allof the surrounding circumstancesmust be considered to determine ifthe alleged impediment to titlewould, in any significant way,affect the purchaser’s use orenjoyment of the property.

Justice Forestell, in Ridgely v.Nielson, [2007] O.J. No. 1699(Ont. S.C.J.), outlined four factorsto be considered in determiningwhether an easement is material:the location of it; the size of theeasement; the point of access; andthe owner’s enjoyment of theproperty.

The point at which an ease-ment “materially affects” a pur-chaser’s use of a property wasrecently considered by the OntarioSuperior Court of Justice inMacdonald v. Robson (2008), 76R.P.R. (4th) 156.

In this case, the parties enteredinto an agreement of purchase andsale for a two acre property. Thepurchaser gave evidence at trialthat the property suited his inter-ests as its lay-out would enablehim to build a structure on thewest side of the property to househis tractor.

The real estate listing for theproperty made no reference to anyeasements. However, in fact aneasement in favour of the Town ofFlamborough affected approxi-

mately 25% of the property. Theterms of the Easement Agreementpermitted access to the propertyby the Town to deal with sewersystems and required the propertyowner to keep the easement areafree of all obstructions, includingbuildings and structures. Therestrictions imposed by the ease-ment would have prevented thepurchaser’s planned constructionof a shed and future building proj-ects.

On discovery of the easementthe purchaser’s lawyer requisi-tioned its removal on the basis thatit materially affected the purchas-er’s intended use for the property.The vendor’s lawyer counteredthat given the size of the propertythere were alternate areas where ashed could be constructed. Anapplication to court was launched.

At trial, Justice Wilson of theOntario Superior Court of Justiceconsidered the tests inStefanovska and Ridgely (outlinedabove). Given the purchaser’sintention to use the property toindulge his building hobby, andgiven the size and location of theeasement, it had a material affectthe on the present use of the prop-erty. Justice Wilson ordered thereturn of the deposit and held thatthe purchaser was entitled torescind the agreement of purchaseand sale.

On appeal, Justice Carnwathof the Ontario Superior Court ofJustice (Divisional Court) upheldJustice Wilson’s decision.

This case is important as itprovides insight into when aneasement crosses the line betweena permitted encumbrance andsomething that has a materialaffect on the benefit received bythe purchaser. Whether an ease-ment is “material” will be deter-mined on an objective basis, tak-ing into consideration the view ofthe purchaser.

This case also highlights theimportance of a thorough titleinvestigation early in the purchasetransaction.

The Purchaser's Right toRescind: Easements MateriallyAffecting Use


Call Today 905-945-0188

Rob Golfi*

Grimsby, Lincoln & West Lincoln Area

March 1, 2011 The Golfi Team Real Estate Market Watch Page 3

Grimsby $299,900

63 Griffith DriveCompleted top to bottom with professionallyfinished basement. Spacious eat-in kitchen,dinette, cozy front porch with Escarpmentviews, patterned concrete drive, patio, privatetreed yard. Very desirable neighbourhood. Quickaccess to QEW!

Grimsby $299,900

17 Colonial CrescentAttractive 4 level back split in quiet escarpmentsurvey. Porcelain tiles, oak eat-in kitchen,vaulted ceilings in LR/DR, main flr laundry, gasfireplace in family room, newer furnace,humidifier & central air, along with newwindows, doors, & shingles.

Grimsby $1,490,000

143 Lake StreetFabulous waterfront property! Custom built3000 sq ft home with Lake views every room.Maple hardwood floors, granite counters, mastersuite with access to back deck, ensuite and walk-in shower. Handicap adaptable!

Grimsby $179,900

13 Sacks AvenueCute semi in a great neighbourhood close toparks & schools. Nice corner lot! 3 bdrms, twofull baths, finished rec-rm w/gas fireplace, &open concept on main flr. Fantastic opportunityfor any buyer to aquire in Grimsby.

West LinCoLn $249,900

1786 Victoria AvenueCountry living at its best sitting on over an acreof private treed lot in fantastic location. Featurescathedral ceilings, oversized family room withfireplace, country style kitchen with plenty ofcupboards, fully finished basement.


9407 Silver StreetAmazing updated home on 100 x 200ft lot, builtin 1953, has an open concept LR/DR w/hrdwdflrs, huge master suite, New high eff gasfurnance/CA, updated main bath, entry doors, &water conditioner. Bonus rm over the garage.

Grimsby $299,900

6 Carnegie LaneCOMPLETELY RENOVATED 3 bedroom,open concept 2 storey home. Impressive list offeatures incl. blown-in insulation, radiant infloor htg, main flr office, speaker system wiredin, large lot plus more. Oversized single garagew/ separate furnace. Zoned M1.

Grimsby $249,900

65 Hemlock WayGorgeous Losani built town home featuresbeautiful designer maple kitchen with breakfastbar, and showcase fireplace in living room.Master bedroom has luxury ensuite and walk-incloset. 3 bedrooms and oak staircase. Close toparks, schools and QEW access.

The Golfi Team has Maximum InternetExposure to Get Your Home SOLD!

Call today! 905-945-0188


7574 Highway #202+1 bedroom fully reno’d & with modern kitchen,cherry wood cabinets, ceramic, cathedral ceilings,adjoined fam room. Thick carpeting in all principalrms & main bath w/whirlpool tub. Dbl side drv, finbsmt (’06) incl. rec rm, kitchen, bedrm & laundry,25 yr roof (’04), furnace (’03).

beamsviLLe $459,900

4276 Maple Grove RoadRaised ranch on 11 acres, built in 1993, finishedin-law apartment with walk out, spaciouskitchen with plenty of counter space, shinglesone yr, furnace 3 yrs, well maintained home inthe heart of wine country.

beamsviLLe $228,900

5301 Connor Street1386 sq.ft. Features include great sizedbedrooms with 3 pc ensuite and walk in closetoff of master. Kitchen overlooking spaciousfamily room, attached to neighbouring unit atthe garage.

beamsviLLe $259,900

4498 Ontario StreetIdeal for Home Business. Impressive 4bedroom, 4 level back split sitting on 60' x 150'lot. Features hardwood floors, updatedwindows, shingles ('06), furnace ('03), garagedoor & opener ('08), 2 fireplaces, walkout fromlower level, 20' x 22' garage.

Grimsby $289,900

33 Debora DriveSpacious raised ranch in impeccable condition3+1 Bedrms, 2 baths, on large 61 x 125 ft lotacross from private park, updates include newwindows, new furnace & central air, finishedbright basement, walk to downtown, 1 min toQEW

smitHviLLe $279,900

16 Lindan StreetPrestigious 2 storey built in ‘06 on fantastic sizelot, features spacious kit w/granite counters &breakfast bar, beautiful hardwood throughout, asun-filled living room, large bedrooms, ensuiteprivilege off master, main floor family room,walk out from bsmt to fenced yard.

NeW HOMe

JUST LISTeD

WaTerFrONT

Scan this code to view more info on our listings!

Go to www.4qr.ca on your mobile phone to download your free scanner.

Text "GOLFI" to 123411 to view our listings on your mobile phone.

11 acreS

FontHiLL $634,900

23 Timbercreek CrescentStunning 4 bdrm, 3300 sqft Executive onexclusive street. Built 4 yrs ago & featureshardwood and porcelain floors, granitecountertops, 60 interior/11 exterior potlights, mainflr den can also be a formal living room. In-lawsuite w/sep entry plus endless list of upgrades!

SOLDSOLD

ANOTHERANOTHER

ONEONE

SOLDSOLD

ANOTHERANOTHER

ONEONE

SOLDSOLD

ANOTHERANOTHER

ONEONE

SOLDSOLD

ANOTHERANOTHER

ONEONE

stoney Creek $674,900

1217 Green Mountain Rd. E.2300 sqft 3 bedroom bungalow sitting on 2 acresof gardens, features gorgeous designer kitchenw/breakfast bar & granite counters, vaultedceilings in great room w/showcase fireplace,beautiful Brazilian cherry hardwood floors, spainspired ensuite.

if youwant it

SOLDCall Rob Golfi905-945-0188

or visit

www.RobGolfi.com

Grimsby $769,900

2 7th StreetCustom built 5yrs new home, with 125 ft ofLedgerock shore protection and walkdown towaterfront. Beautiful kitchen with granitecounters and built-in stainless steel appliances,pine plank floors, 4 levels of decking, facing thelake. Fully finished basement. Truly a dream!

too�newtoo�new

forfor picpic

WaTerFrONT


Call Today 905-945-0188


Rob Golfi*

Commercial

beamsviLLe $399,900

5532 King StreetZoned light industrial, consists of building plus4 Bedroom century home sitting on approx 3acres located on Regional Rd 81 on wine route,with good traffic. Property has 6000 sq.ft steelframe building on concrete slab with 2washrooms, 220 volts.

beamsviLLe $1,199,900

4485 King StreetOver 700 ft of frontage on Niagara's busiestwine route. 26.6 Prestigious acres on the lowerbench with over a 20ft fall from front to back ofproperty. Property consists of a large barn with 2cold storages, heated workshop and parkingarea. 3 residential detached homes on property.

beamsviLLe $249,900

4993 King StreetDowntown core storefront with large window,front and back entrances can suit 2 businesses or1 large one. Rear parking and municipal lot.New furnace, 2pc bath. 1800 sq ft of businessspace with GC zoning, plus 2 bedroomapartment on upper level.

NeW PrIce

beamsviLLe $259,900

4498 Ontario StreetIdeal for Home Business. Impressive 4bedroom, 4 level back split sitting on 60' x 150'lot. Features hardwood floors, updatedwindows, shingles ('06), furnace ('03), garagedoor & opener ('08), 2 fireplaces, walkout fromlower level, 20' x 22' garage.

DON'T FOrGeT !!!To change your clock AHEAD one hour at 1 am on March 13!

If you are buying or selling a home in anothercity in Canada, we will connect you with anexperienced and knowledgeable real estateagent in that area. Remember, the right RealEstate Agent makes all the difference.

Please contact the Golfi Team at 905-575-7700

Relocatingin Canada?

Squatter’ s Rights

In a world of electronic com-merce, “squatter's rights” seemsto be an anachronism.

Nevertheless, it still applies in manyareas in Canada. The law calls it “adversepossession”. Where the law permitsadverse possession anyone one who usesland for 10 years or more openly as ifthey owned it, will be granted ownershipto it. The court will order “paper title” tobe transferred to the squatter. A key toadverse possession is that the paper titleholder must be excluded from the use towhich the paper title holder wishes.

Court of Appeal decision in Tasker v.Badgerow, 2008 ONCA 202 emphasizesthe importance of the use of the papertitle holder. Unless that title owner’s useof the land is impaired by the squatter, the

court will not consider the possession“adverse” and therefore there is no“adverse possession”.

In this case the squatter put a fencearound the property, and argued that thiswas strong evidence of its actual openpossession for over ten years withoutobjection by the original owners, andtherefore should have title by adversepossession. The squatter lost. The courtnoted that the land in question is a MillReserve, and the claimant’s use was notinconsistent with the title owner’s use.The owners of the Mill Reserve only everintended keep the land for purposes con-taining a millpond or head pond resultingfrom damming the river, and so the squat-ters use was not adverse to the interest ofthe owner.

MenusOnly.com is an online restaurant menu guideconnecting you with great restaurants in theHamilton and Burlington areas. Browse throughrestaurant menus, view pictures of restaurant diningareas, patios, and menu items, and print local restau-rant coupons all in one place. MenusOnly.com – a perfect dining experience starts here.


Call Today 905-575-7700

Rob Golfi*

Hamilton & Stoney Creek

stoney Creek mtn $309,900

36 Hillcroft DriveCharming 8 yr old, all brick, 5 level backsplit.This home is finished top to bottom & featureskitchen overlooking family room w/showcasefireplace, leading to backyard concrete patio &fence yard, finished basement w/rec-room, & 2full baths.

mount Hope $252,000

59 Critzia Drive, Unit 312Condo in Twenty Place. Features 2 bedrooms,hardwood, ceramics, Califormia Shutters,2 walkouts to outdoor covered balcony. Don’tmiss out! Access to clubhouse with pool,whirlpool, gym, tennis courts, undergroundparking & large storage locker.

Winona $359,900

328 Winona RoadEasy access to the QEW, shopping,and schools.Large kitchen with island & granite counters.Vaulted ceilings, pot lighting, california shutters.Inside garage entry with main floor laundry.Fully fenced back yard. Large master, his/herclosets & ensuite with corner soaker tub.

east HamiLton $159,900

119 Fairfield Avenue3+1 bdrm home w/a side drive, garage, &screened in back porch, includes hrdwd flrs,bright white kit, freshly painted, LR & a great flrplan. Dry basement, Weeping tiles installed 9 yrsago. Close to all amenities. Come see!


85 Bow Valley DriveImmaculate 3 bedroom with fully finishedbasement. Spacious living room and diningroom. Eat-in kitchen has been updated andboasts ample counter space and cupboards.Updated vinyl windows, concrete drive andpatio in fenced yard.



46 Second Road WestOh my gosh, best value for this great 5 bedroom,5 level back split, sitting 100 x 152 ft lot.Everything is done -- all you have to do is movein. Features gorgeous hardwood floors, beautifulFlorida room, showcase fireplace, perfect forgrowing family, fantastic location close to allamenities.

HamiLton mtn $210,000

98 David Ave.Incredible value in this 3+2 bedroom, brickbungalow, featuring a finished rec-room,hardwood under Berber carpet, mostly vinylwindows, furnace & central air updated 2002,long concrete drive, close to busses andshopping.

HamiLton east $299,900

2 Renis Court3+1 bdrm all brick bungalow will take you bysurprise. Upgrades include designer maple kit,hrdwd flrs, porcelain tile, crown moulding, hotelstyle bathroom, California ceilings, updated vinylwindows, shingles ‘06 & more.


17 Gumwood Place4+1 BR home on a mature Executive Crt. Closeto amenities. Hrdwd flrs, master BR w/ensuite &walk-in closet. Main flr ldry, eat-in kit, DR, LR,family rm w/gas FP. Finished basementw/games rm, bdrm, 3pc bth, & rec rm w/wet bar.


1217 Green Mountain Rd. E.2300 sqft 3 bedroom bungalow sitting on 2 acresof gardens, features gorgeous designer kitchenw/breakfast bar & granite counters, vaultedceilings in great room w/showcase fireplace,beautiful Brazilian cherry hardwood floors, spainspired ensuite.


2-618 Barton StreetImmaculate home shows like a dream! Beautifuldecor, hrdwd & ceramics throughout, bright kitw/ceramic backsplash, in-law suite down stairsw/full bath & mini kit, master suite w/walk incloset & ensuite, updated windows & shingles.

DunDas $189,900

21 West Street Affordable 3 bedroom, 1½ storey home with-inwalking distance to downtown. Features newshingles (‘09), beautiful hrdwd flrs, spaciousdining room, finished rec-rm in basement, &100 amp on breakers. Ideal for first time buyeror investor for McMaster Students.

HamiLton CentraL $99,900

11 Hope AvenuePotential!! Updated kitchen, roof & electrical.Large principle rooms & high ceilings. Separatedining room, original hrdwd flrs, open conceptlayout, w/main flr master (16x11) & large fullyfenced yard. Needs TLC but loads of potential.


238 Walter AvenueAmazing 2 bedroom home with a large kitchen,living room, and bonus living room/dining roomcombination with a gas fireplace. Large fencedyard, lots of privacy with above ground pool.


73 Hannah CrescentOutstanding 4 bedroom home approx 2400sq.ft. Former model, features kitchen w/granitecounter tops, family rm w/showcase FP, crownmoulding, maple hardwood flrs, oak staircasew/wrought iron spindles, and hotel style ensuitebath.


193 Tragina Avenue NorthCozy home in awesome location ideal for firsttime buyer or retiree. 2+1 bedroom bungalow,most windows updated, new furnace ‘09,hardwood flrs, refaced bathroom, fenced yard,new insulation, new concrete floor & sumppump in basement.

mount Hope $379,900

3258 Trinity ChurchMinutes to the city, loads of updates, featureslarge master bdrm, neutral décor, remodeledbathroom w/separate shower, soaker tub, &heated floor. 2 new bay windows, new frontporch, roof '07, new rear deck with hot tub, andfinished rec room.


7 Carrington Crt3+1 bedroom semi, central mountain, courtlocation on a large pie-shaped lot. Close toschools. Features hardwood floors underbroadloom, mostly new vinyl windows, shingles10 yrs, furnace 9 yrs, & finished rec-rm withlarge bright windows.


39 James AvenueCharming side split in fantastic condition,features beautiful hardwood floors, brightstylish renovated kitchen leading to large deck,classic wood fireplace in livingroom, 3 largesunny bedrooms, family room w/showcasefireplace, finished rec rm in basement.


39 James AvenueCharming side split in fantastic condition,features beautiful hardwood floors, brightstylish renovated kitchen leading to large deck,classic wood fireplace in livingroom, 3 largesunny bedrooms, family room with showcasefireplace, finished rec room in basement.

SOLDSOLD

ANOTHERANOTHER

ONEONE


Call Today 905-575-7700


Visit our Website!View any of the listings in this publication at

www.GolfiTeam.com

Extra pictures, More details - Check it out!

Household HintsApple Pie Spice Room Air Freshener6 drops Cinnamon essential oil3 drops clove essential oil

Add to distilled water in the spray bottle, shake well and spray as a fine mist. Ilove this one sprayed in the kitchen!

Icy Door StepsFor icy door steps in freezing temperatures: get warm water and put Dawn

dishwashing liquid in it. Pour it all over the steps. They won't refreeze. (wish Ihad known this years ago!)

Cure for headachesTake a lime, cut it in half and rub it on your forehead. The throbbing will go

away.

Crayon marks on walls? This worked wonderfully! A damp rag, dipped in baking soda. Comes off

with little effort (elbow grease that is!).

Permanent marker Permanent marker on appliances/counter tops (like store receipt BLUE!) rub-

bing alcohol on paper towel.

Double Your S.O.S. PadsWhenever I purchase a box of S.O.S Pads, I immediately take a pair of scis-

sors and cut each pad into halves. After years of having to throw away rusted andunused and smelly pads, I finally decided that this would be much more econom-ical. And now a box of S.O.S pads last me indefinitely! In fact, I have noticed thatthe scissors get sharpened this way!

Blood StainsNot to worry! Just pour a little hydrogen peroxide on a cloth and proceed to

wipe off every drop of blood. Works every time!

Open a Sealed EnvelopeSealed envelope - Put in the freezer for a few hours, then slide a knife under

the flap. The envelope can then be resealed. (hmmmmmm!)

Artificial Flower CleaningTo clean artificial flowers, pour some salt into a paper bag and add the flow-

ers. Shake vigorously as the salt will absorb all the dust and dirt and leave yourartificial flowers looking like new! Works like a charm!

Appliance Cords StorageUse Empty toilet paper roll to store appliance cords. It keeps them neat and

you can write on the roll what appliance it belongs to.

Which Side is Clean?Use vertical strokes when washing windows outside and horizontal for inside

windows. This way you can tell which side has the streaks. Straight vinegar willget outside windows really clean. Don't wash windows on a sunny day. They willdry too quickly and will probably streak.

Air FreshenerSpray a bit of perfume on the light bulb (while it's off and cold) in any room

to create a lovely light scent in each room when the light is turned on.Place fabric softener sheets in dresser drawers and your clothes will smell

freshly washed for weeks to come. You can also do this with towels and linen.

Freeze your CandlesCandles will last a lot longer if placed in the freezer for at least 3 hours prior

to burning.

Fresh CeleryWrap celery in aluminum foil when putting in the refrigerator and it will keep

for weeks.

As the winter dark recedesto spring sunshine, SallyMorse, director of cre-

ative services for leading windowcovering manufacturer HunterDouglas, offers the following easy,affordable tips to give an instantuplift to every room in your house:

Living RoomsRefresh your living room with

slipcovers in light, washable fabrics.Bring standard slipcovers to a mono-gram shop where you can add yourinitials, a family crest or motto togive them a custom look. Lighten upthat dark fireplace with the additionof some pale wood strung with lightsand replace pictures with groupingsof mirrors to add reflected light.

Take down heavy draperies andbring the outdoors in with HunterDouglas Silhouette windowshadingswith the Signature S–Vane. Soft andsheer, this elegant window fashionbeautifully filters the light with fabricvanes suspended between sheer fac-ings. Your furnishings will also beprotected because Silhouette shad-ings block up to 88 percent of thesun's harmful UV rays when thevanes are open and 99 percent whenthey're closed.

BedroomsInvest in new bedding to make

the room seem as if it belongs in aluxurious boutique hotel. Add somepillows in a variety of sizes anchoredby a bolster. Top the bed with a light-weight blanket or pretty sheet and rolla comforter at the foot to have onhand for chilly evenings.

A new coat of paint is one of thequickest and most dramatic decorat-

ing uplifts. Bring home those tranquilcolours from your last seaside vaca-tion, especially the soft blue/greens atthe point where the sky meets the sea.

Consider Silhouette shadings inthe light–dimming Bon Soir fabricfor a good night's sleep. The windowfashion also absorbs sound.

BathroomsTurn your master bath into a spa

with the addition of piles of whitetowels, scented candles and a freshcoat of paint. And don't forget the“fifth” wall…if you choose white forthe walls try painting the ceiling skyblue.

KitchensDon't be afraid of adding colour

to your kitchen. When I installed ablack glass counter backsplash, it setoff the other colours and enhancedthe space by creating an optical illu-sion of infinity. Something as simpleas changing your kitchen towels caneven add colour and “spice” to akitchen.

Dining RoomsTo dress up your dining room, get

your silver, mercury glass and chinaout from the cupboard and put it ondisplay. Add an area rug and changethe shades on lamps and ceiling fix-tures. Sheer shades on your lightingas well as at the window will create asoft, translucent light. Put all electriclighting on dimmers so that you canbe the movie director of your meals!

With these tips, your home willhave an instant uplift for the springand beyond.

Credit: News Canada

Instant decorating Tipsto Brighten your Home


www.GolfiTeam.com

Rob Golfi, Sales Representative

Home evaluationNo Cost or Obligation

Call Rob Golfi today!

905-945-0188 / 905-575-7700


Contouring, grading, fenc-ing, road building andother works with heavy

equipment is a common causeof destroyed survey evi-dence. Grading alongthe boundaries of alot, road, subdi-vision, hydroline orp i p e l i n eright-of-way canresult inhundredsof surveybars beingmoved or destroyed.

An Ontario Land surveyor has tobe retained to re-measure and reestab-lish the destroyed markers. It adds tothe cost of construction and, in theend, to the amount the consumer mustpay.

The easiest way to avoid the prob-lem is to ensure that the iron bars areclearly identified prior to any earthmoving activity so that machinery canavoid them. Check with the OntarioLand Surveyor working on the site andask for bars to be “referenced” so theycan be easily replaced after construc-tion.

Repairing the damage When survey evidence is

destroyed, it is often quite costly to re-establish—costs range from hundredsto thousands of dollars. An OntarioLand Surveyor must re-determineboundaries by measuring from theclosest survey evidence that can belocated. In some areas, the nearest evi-dence may be blocks away or, in ruralareas, miles away. Once the measuringhas been completed, a new bar can beset into the ground. Also, a new“Surveyor’s Opinion” and plan of sur-vey must be prepared and filed at LandTitles.

Homeowners should be aware ofthe location and appearance of the sur-vey monuments on their property,remembering they also mark mutualcorners with neighbours. When pur-chasing land, the purchaser shouldinsist upon an up-todate opinion by anOntario Land Surveyor as to the extentof boundary. Any monuments shouldbe well guarded by the landowner.

Survey evidence is serious businessSetting the extent of real property

boundaries is the exclusive responsi-bility of Ontario Land Surveyors.Cadastral, or boundary surveying, is a

very complex and highly specializedactivity. It is critical that boundaries be

determined and marked accuratelyso that it is clear where proper-

ties begin and end.Landowners need to know

where property bound-aries are. Without

owners knowingboundary loca-

tions, buildingscould be onproperty lines.It could be dif-ficult to meet

set back require-ments of zoning

by-laws, neighbourscould build on the wrong side of the

line, and safety problems could occurwith construction over gas lines andother buried infrastructure located inutility rights-of-way. The Land reg-istry system in Ontario involves therecording of legal land descriptionsbased upon precise location of bound-ary markers provided by legal surveys.Thanks to this registration system andthe recording of boundary informa-tion, development occurs easily andthe transfer of property is simplified asfew problems occur when ownershipof land changes.

What is survey evidence?A new boundary is creat-

ed every time land isdivided to forma lot, road-way or utili-ty right-of-way. Thenew bound-ary must beprecisely deter-mined. Whena boundary isdetermined, anOntario LandSurveyor typically sets aone metre-long iron bar at the exactintersection of property lines. Thelocation of these bars is marked infield notes and on survey plans regis-tered in Land Titles. These bars ormarkers are included in what is calledsurvey evidence. In historic times,other means were used instead of ironbars such as wooden posts, piles ofrock, or mounds of earth. Over time,many of these markings have disap-peared. When these boundaries haveto be re-established, extensiveresearch must be undertaken includingmeasurements from the nearest locat-

able survey marker. Accurately placedboundary markers are essential.Landowners can be confident that theboundaries of their property, road-ways, utilities and other publicimprovements are precisely locatedand marked. Also, persons such ascontractors needing to know whereboundaries are, can find accurate ref-erence points.

Protected by the lawBecause of their significance, the

Ontario Surveys act carefully regu-lates boundary markers. The law notonly provides for the establishment ofsurvey markers, but also the conse-quences of removal or tampering withthem.

Under the Criminal code ofCanada, R.S. 1985, c. C-34, s. 398, itis illegal to remove or tamper with anofficial boundary marker. “Every onewho willfully pulls down, defaces,alters or removes anything planted orset up as the boundary line or part ofthe boundary line of land is guilty ofan offence punishable on summaryconviction.” A British Columbia manwas sentenced to one year in jail fortampering with survey evidence.

Under Section 39, Subsection (1)of the Surveyors Act, R.S.O. 1990,Chapter S.29, “Every person who con-

travenes section 11 (licensing) isguilty of an offence and on convic-tion is liable for the first offence to a

fine of not more than $15,000 andfor each subsequent offence

to a fine of not more than$30,000.

HomeownersBeware—don’t throwaway themarker

A home-owner may wish

to find exact boundary locationsto build a fence or construct an out-building, deck, pool, carport, or shed.In addition to the difficulty of findingbars, there is often more than one in anarea, or none at all. Some bars may notrelate to the homeowner’s propertyboundary at all, but to roads, rights-of-way, or another land-related measure-ments. It is recommended that home-owners ask an Ontario Land Surveyorto identify the correct boundaries andzoning By-Law setbacks so that mis-takes are not made.

Unsuspecting landowners mayfind an iron bar or pipe, and thinking itjust a piece of metal left over from

Contractors be Careful —Machinery easily Destroys Survey Evidence

Brochure graphics and contents reproduced from the Ontario LandSurveyor’s Association

construction—dig it out and throw itaway. They do not recognize theirmistake until they are charged, or haveto pay the cost of remeasuring bound-aries and setting a new iron bar.

Handymen and landscapersbeware—if the iron bar is in theway—don’t move it!

If the survey bar is just where thefence post should be—build around it.The cost of replacing a survey markercould be as much as the cost of thefence, driveway or landscaping in thefirst place.


OWN THIS FOR ONLY

$864MONTHLY

STYLISH 2-STOREY & BUNGALOW TOWNS NESTLED WITHIN A BRAND NEW COMMUNITY PARK!

The bi-weekly P.I. payment, based on 5% down, and a purchase price of $228,000 works out to $864 MONTHLY, (based on 5 year term, 35 year amortization)

REGISTER ON-LINE NOW!

www.homesbycambridge.ca

SITE HOURS: Mon,-Thurs 1-5pmSat-Sun 1-5 pm Fri by appointment

MODEL HOME1-289-566-9528905-945-0188

MONTHLY P&I* PAYMENT BASED ON 5% DOWN

HST & GST Included

BUILDERS UPGRADES

AVAILABLE

KITCHENS

OUTSTANDING FEATURES


Documents

March 1, 2011 Issue 21