The Legalities of Parking Pads on your Residential Property
A parking pad is a type of front yard parking often used in urban areas, particularly in Toronto neighbourhoods, that have few exclusive driveways or garages.
Residential Property Lawyer & The Legalities of Parking Pads can be an issue for buyers because they may have been built without permission from the municipality, making them illegal, which a homeowner may not have known if it was pre-existing. There are several ways to determine the legal status of a parking pad, including:
- Check if a metal plaque is attached to the front of the house – this plaque may be issued to homeowners by the municipality to determine a parking pad’s legality.
- Verify the municipality itself, as municipalities may keep a registry of parking pad ownership and issued licences.
- View the annual invoice issued to the homeowner by the municipality, which can serve of evidence of ownership.
It is important to insert a clause in the Agreement of Purchase and Sale concerning the legality of the parking pad, including liability for verifying or transferring ownership of the pad if one does exist, and indemnities from the seller where the seller may be making a representation and warranty concerning the legal status and ownership of the parking pad. Depending on the specific property and vehicle situation, cautious buyers may want to include such clauses as a condition precedent to the transaction. As a buyer, be especially sure to understand that you may need to reapply for the parking permit if the parking pad is not registered with the municipality.
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