Legal fields| Legal recourse of a sub-purchaser against the original seller |
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The defendant sold a building to his father that he sold after to the plaintiff in this case in 1990. The applicant wishing to sell such property, he did prepare a certificate of location, which revealed that a no construction servitude was established in 1964 and part of the house was built in 1969 in limits of the servitude.
Thus, the plaintiff sues land-surveyors who have failed to mention the servitude and encroachment in the certificate of the defendant since 1990 and the title defects existing at the time of the sale of the property to his father. It opposes the argument that there is no privity between him and the defendant. The Court of Quebec in Laval found that the plaintiff had the opportunity to sue directly any of the authors of the chain of title of the property in respect to an issue of title. The defendant is entitled to pursue any seller in the chain since the risk of damage to property rights was present at the previous sale. Despite no legal relationship exists between the plaintiff and defendant, the two contracts from a chain leading to contractual responsibilities. JE 2011-1623 |