A Builder’s Oversight Almost Cost the Sale

It started with a call from Arpan. He was a lawyer and his clients were selling their house, which they had bought new from a builder back in the 80s. In their subdivision, the houses were spaced so closely together that to do any maintenance work on the eavestrough or roof, the homeowner had to access their neighbour’s backyard.

This comes up surprisingly often. Normally, the builder registers a maintenance easement to provide access to the other property. But it turned out the builder had forgotten to, and Arpan’s clients were in a bind. The purchasers of their home were demanding they get the easement themselves, a long process that would take time Arpan and his clients didn’t have.

Arpan’s clients could provide a declaration they hadn’t had trouble accessing the neighbour’s property since they’d moved in. That was enough for us, and we got to work. CTIC provided full coverage to the purchaser’s lender; Identified Risk Endorsement to the purchasers themselves, in case the neighbour ever tried to deny access; and marketability coverage on the title, so the protection passes to whoever buys the home next as well. Thanks to that security, the deal went through without a hitch.