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Real Estate Show Place Aug The law and You you TbMe questions based on Ontario aw arc intended inform and not to No one should fry to apply or interpret the low without the aid and ad vice of a trained expert who knows the fact since the facts of each case may change the application of the A doortodoor salesman has been trying to drum up business in our neighborhood for a paving company which driveways We need our referred but how can I be Mire the company is reliable Your cautious approach is wist Any salesman who phones you comes to your or place of or sells to you in public plact must be regis It red You should insist on seeing his licence If you doubt whethtr he is registered or there have been complaints against his product or call Consumer ion Bureau Box JO Ottawa Ontario reach our balcony moke it uncomfortable and maybe even dangerous We don t feel we should be deprived of the use of our balcony What can we do A The general rule in law Is that a man can use his property as he wishes but not in a way thai Interferes with other peoples rights to enjoy their property However apartment tenants are subject to additional res trie lions Is surprising that you don t mention any clause prohibiting in the building if then is such a clause your problem is solved if there and the tenant refuses to cooperate confront your landlord The last option would to bring i for Q This morning 1 signed a contract for the painting of he exterior of my house with a firm which solicits business through door representatives now feel I acted in haste what can I do A or any agreement made with a door todoor salesman where the purchase price is greater than the law permits you o change mind and cancel the contract us long as you pay cash or write a cheque for the full amount To end the contract you must send a letter by REGISTERED MAIL or deliver it personally to the company the seller represents within hours from receiving the contract We have just moved into art old house which is in need of extensive renovations A good friends brother who is well qualified has to do the work Is it necessary have a formal leg il arrange ment A It is best for all parties that the arrangement be governed by a contract The eontract should be written and include tht costs nature and extent of the work to be done and a description of the materials to be used Also be sure that all promises and guarantees made to you by the renovator are written into the contract If there is a guarantee be sure it is spelled out and the length of time for such guarantee clearly stated My husband wishes to take out a substantial loan to built an addition to the house The loan company required that I sign is this just a formality A No You arc responsible for any loan you cosign or guarantee Should your husband default in his pay or even if you decide to separate at some future date you are responsible Before signing you should know what steps the person lending your husband the money creditor can take to get the money back if he proves to thecourt that he is entitled If you are employed the creditor can get an order from the court requiring your employer to deduct money from your This Is called garnishment of wages Under certain lions any properly you own such as car furniture home could be taken living below us In our apartment building are constantly The smoke and fumes which successful you could recover damages or get an injunction to prevent your neighbor excessive use barbecue Unfortunate the fruit trees and garden In our 1 ire neighbor hood teenagers who compete for the biggest take Plants have been trampled and branches broken My husband Is furious and plans on selling sort of rap I told him was Illegal Am I right A Yes you are An owner or occupier of land has a certain duty of care to every one who comes on it This duly depends on whether the person is there by permission or invitation by owner or Is trespassing Your husband might be liable in negligence If he sets hidden traps for a trespasser There must be clear warning posted for defences such as electric fences traps etc S of the Criminal Code makes it a serious offence tosct a trap or device likely to cause dealh or bodily harm My neighbors hove a large weeping willow tree planled very near to the line dividing our properties The problem Is that the branches over into our completely blocking necessary sunlight We ire luncernct as well he roots might damage our sewage pipes A You can tut only those branches necessary to remove the hindrance to the use of your garden Concern the spreading roots you would first lo prove damage to the foundation or pipes before your neighbor be asked to cm his tree on a new home Is it really necessary to hove a lawyer take care of the transaction Our financial situation is very tight so If we could safely avoid the expense A You are not bound by law to hire a lawyer However there arc dangers you should be aware of For example you have lo be sure that whoever is selling the house is the actual owner This requires that title be checked to insure that there are no mortgages judgments or liens regis tercd against the property You could check this out at registry office yourself if you are familiar with the terms implications etc The fee is generally 1 n per cent of purchase price plus ex in obtaining permits and survey which you would have to pay for anyway Since this is your first home and your question suggests lainly lawyer is J My sons love animals and have been taught not antagonize or mistreat pets but I am fnghlcned of dog who is constantly barking and growling at Is there anything I do before someone is hurl A Yes Check your munlci pal by at the Clerks office Most require that dogs be allowed to roam only within the owners fenced premises or that the dog be chained If the owner has a heavy duty lies on parents of children to insure that dren don t wander up to the fences etc Dog owners beware The law Is that the owner is responsible for an injury caused by an animal he knows lo be vicious Domestic animals such as dogs and cats are presumed to be gentle until shown otherwise It is not necessary however to show that the dog has bitten someone in the past to moke an owner liable It is only necessary to show the owner should have foreseen this possibility if dog were to break loose I left for lork this morning it degrees so left my windows open in my apartment The weather forecast was for sunny skies ill day However a storm blew up suddenly my flour is dimaged and water It iked to the unit below Hie superintendent said I as responsible for ill the image Is he correct A ire responsible to tenant affected by your ictions Hunk of the conse quences if there had been serious flood or fire For future it is strongly recom mended thai you be covered by tenant insurance cost is low and ihe benefits obviously many I have just received a promotion The only draw back is that must move to head office in another city Can I get out of my lease by subletting A If you are one of the few tenants lo have a lease without restrictions on sub letting you have an absolute right to sublet to whomever you please In most cases however you con sublet only with the landlord s approval The Landlord and Tenant Act provides that this approval shall not be arbitrarily or unreasonably withheld that it is primarily your responsibility to find a subtenant and unless the landlord releases from your lease and signs new lease with he you are still bound by lease that if he subcmnl fads pay his you may still be responsible to the landlord for tint The landlord may charge you reasonable fee which Is WAITING FOR 13 Estate Homes in a country setting close to Main Street Each lot 100 325 ft Custom designs sq ft homes choose your own design Town water supplied Good selection in exclusive area Bank financing Trade in your old house FROM 981 AMD UP Chateau Belair Developments CONTACT TOM REED or PHIL CARNEY 74 Mill St 8770633 GEORGETOWN 8776121