Stigma Property Property Stigma Property in which murdersuicide

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Stigma Property

Stigma Property

� Property Stigma Property in which murder/suicide occurred OR is believed to be occupied

� Property Stigma Property in which murder/suicide occurred OR is believed to be occupied by ghosts (mental stigma) � Stigmatized properties have lower value � Such properties take longer to sell as well � Time is the only remedy as stigmas will eventually fade from recent memory � Stigmas should always be disclosed or else buyer may even take the broker to court ◦ If the broker knowingly avoided disclosing it the buyer of the stigma, the court may side with the innocent buyer

Grow House � Basements can house as many as 400 plants that can mature

Grow House � Basements can house as many as 400 plants that can mature in just three months ◦ Plants need humidity, fertilizer, water and heat ◦ Therefore, electricity consumption is high ◦ Condensation results from the water and heat, and so holes need to be cut in the floor, roof, ceiling, walls and chimney of the house � Indications of a Grow House may include rusting, staining, house alterations, bathroom alterations, repairs/painting or unusual smells

Grow Houses � Disclosure: ◦ Salesperson has a choice whether they wish to sell

Grow Houses � Disclosure: ◦ Salesperson has a choice whether they wish to sell a Grow House ◦ If you do, a proper, full disclosure must be made ◦ Listing broker should indicate on listing that prospective buyers contact the listing broker before showing or preparing offers ◦ A list of cooperating brokerages who have received the brokerage should be maintained ◦ It is advisable sending disclosure fax to cooperating brokerages for acknowledgement and paper trails

Grow Houses � Buyer brokerages should recommend that buyer undertake proper inspections ◦ Latent

Grow Houses � Buyer brokerages should recommend that buyer undertake proper inspections ◦ Latent defects are not always visible to the naked eye ◦ Grow operation may damage various aspects of the house that can only be discovered after a thorough inspection ◦ Potential hazards remain a concern and necessary caution should be taken

� Used Asbestos between 1900 s and 1970 s � Found on pipe coverings

� Used Asbestos between 1900 s and 1970 s � Found on pipe coverings and roof sheeting in older homes � Asbestos = mineral fiber that was used in many building supplies and products that were primarily used to make: ◦ Wall and pipe coverings ◦ Roofing materials ◦ Tiles, appliances, ceilings, paint, furnaces etc. � Asbestos was used because: ◦ It strengthens other materials when mixed ◦ It is a fire retardant ◦ It provides good insulation

Asbestos � Asbestos may be either ◦ Friable – can be easily crumbled and

Asbestos � Asbestos may be either ◦ Friable – can be easily crumbled and made to powder ◦ Non-Friable – difficult to break by hand � Most commonly seen as a fluffy spray-on material for insulating walls/ceilings � Also found in cement-like plaster form typically used for soundproofing � Also used in the form of grey paper to wrap boilers and pipes for heat insulation

Asbestos � Health studies show that asbestos if airborne can cause serious health issues

Asbestos � Health studies show that asbestos if airborne can cause serious health issues ◦ This means that if you try to remove it (it becomes airborne), it will impact your health ◦ This is why you should always get a professional to remove asbestos if you detect it �A number of provinces have classified asbestos as a hazardous product and have passed strict laws governing its disposal and removal

Electromagnetic Fields (EMF) � Power delivery system has three elements: 1. Generation �Involves conversion

Electromagnetic Fields (EMF) � Power delivery system has three elements: 1. Generation �Involves conversion of raw energy (solar, wind etc. ) into electrical energy 2. Transportation a. Transmission �Transmission lines carry electrical energy to substations b. Distribution �Electrical energy is then distributed from substations 3. End Use �Consumption by consumers

Electromagnetic Fields (EMF) � No conclusion on the health effects of EMF on humans

Electromagnetic Fields (EMF) � No conclusion on the health effects of EMF on humans so there is no need to modify practices and facilities used for all three elements ◦ EMF are a concern, not a hazard � Measurement for electricity – k. V/M (kilo-volt per meter) – recommended exposure = 5 k. V/M � Measurement for EMF = Mili. Gauss (m. G) – recommended exposure = 1 Gauss per 24 hours

� Lead = a blueish-grey metal that is found in paint, pipes etc. �

� Lead = a blueish-grey metal that is found in paint, pipes etc. � Occupational Health and Safety Act has declared lead as a designated hazardous substance � Structures built before 1970 may have lead ◦ Most risk in pre-1950 structures � Real Estate Practitioners should be aware of possible lead contaminations � Lead ingestion may cause convulsions, brain damage and behavioral difficulties in young children

Mold � Mold = mixture of minute (small) fungi that is associated with decaying

Mold � Mold = mixture of minute (small) fungi that is associated with decaying organic matter � Mold can cause respiratory issues � Mold survives and procreates in damp areas inside buildings � Furnaces and air conditioners make things worse since they circulate contaminated air

Mold � Mold needs water to grow, and so it tends to grow in

Mold � Mold needs water to grow, and so it tends to grow in damp areas � Detection ◦ Homeowners should keep an eye out for discoloration in building finishes in areas where dampness might collect �These include kitchen cupboards, basement storage areas ◦ Homeowners should also note changes to their own health (dizziness, breathing difficulty, fatigue, loss of balance, severe headache etc. )

� Radon Gas = invisible, tasteless and odorless smell produced from decay of uranium

� Radon Gas = invisible, tasteless and odorless smell produced from decay of uranium that occurs naturally in the Earth’s crust � Radon can only be detected by measurement – its unit is pico. Curies per liter ◦ Charcoal Canisters – these containers are placed in a basement for 2 days to absorb radon, after which they are sent to a company for measurement ◦ Alpha Track Detector – A plastic radon-sensitive sheet is exposed to radon for over three months and then the measuring company measures number of marks

Radon Gas � Radon itself is not dangerous but it becomes dangerous if it

Radon Gas � Radon itself is not dangerous but it becomes dangerous if it breaks down and combines with soil and dust particles � Radon dangerous indoors where it becomes highly concentrated, especially in lower parts of house � Radon enters houses through cracks in walls and basement floor and openings around pipes

Radon Gas � Radon exposure increases risk of lung cancer � Health Canada says

Radon Gas � Radon exposure increases risk of lung cancer � Health Canada says fewer than 1% of homes in Canada have unacceptable indoor radon levels (20 Pci/L) � Remedial action includes sealing openings and cracks in the home, air filtering, and improving ventilation in the basement

Urea Formaldehyde Insulation � UFFI = colorless chemical compound found in certain glues, resins

Urea Formaldehyde Insulation � UFFI = colorless chemical compound found in certain glues, resins and insulation � It is a low-density foam made from compressed air, foaming agent and plastic resins � It looks like shaving cream when applied � Curing process involved injecting UFFI into walls, and hardening through formaldehyde gas

Urea Formaldehyde Insulation � Health concerns arose between 1975 and 1979 when around 100,

Urea Formaldehyde Insulation � Health concerns arose between 1975 and 1979 when around 100, 000 houses were insulated using UFFI � Agreement of Purchase and Sale (clause 23) – the seller warrants that they have not installed UFFI or have any knowledge of it being installed

Heritage Properties � There are normally restrictions on internal or external changes on heritage

Heritage Properties � There are normally restrictions on internal or external changes on heritage properties � Municipal Council must approve alterations to such properties � Heritage tax rates properties may be subject to lower ◦ Municipal Act 2001 allows for tax relief between 10% and 40% of eligible amount on a property

� Act Line Fences Act gives authority to dispute fence boundaries between owner’s land

� Act Line Fences Act gives authority to dispute fence boundaries between owner’s land adjoining land � Municipalities appoint fence-viewers to enforce provisions of this Act � Fence-viewers address fence-related disputes within a municipality, fences on border of two municipalities, or on border of a municipality and an unorganized territory (such as in Northern Ontario) ◦ Their judgments can be appealed

� Land Fence Construction owners are allowed to construct/maintain fences to distinguish their land

� Land Fence Construction owners are allowed to construct/maintain fences to distinguish their land from that of their neighbors � Constructor of a fence may request the municipality to arbitrate contributions of all owners/parties who are benefitting from the construction ◦ Neighbors normally pay 50 -50 for fences � Fence viewers may inspect the land, hear evidence or testimony of owners/witnesses under oath

� An Fence Construction award is made that specifies the location of the fence,

� An Fence Construction award is made that specifies the location of the fence, description of materials to be used in its construction/restoration/maintenance, date of completion and costs that each owner will have to pay ◦ Owners can appeal against this award � Fences need to comply with height and other requirements in the Municipal Act � Remedies under Line Fences Act available in case an owner does not comply with the award

� Changes ◦ ◦ ◦ Farms in the farming scheme include: Fewer farms, farmers,

� Changes ◦ ◦ ◦ Farms in the farming scheme include: Fewer farms, farmers, laborers, farm population Fewer family farms Larger farm sizes Increasing technological change efficiency Better forecasting of prices and markets More sophisticated marketing strategies Tougher domestic & international competition More use of computers for data processing Improved research Training/education Management

� The Types of Farms Small Farm ◦ Small farms are a major part

� The Types of Farms Small Farm ◦ Small farms are a major part of the farming scene ◦ Small farmers with part-time jobs are normally more financially secure than full-time farmers �They can weather long periods of low prices more easily than full-time farmers because they are not 100% dependent on income from selling farm produce � The Farm Corporation ◦ Large farms more viable than small ones because of rising operating costs ◦ Management must find innovative ways to reduce costs, such as making the operation larger ◦ Corporations are driven by profit

Types of Farms � The Viable Farm ◦ Objective is to attain a viable

Types of Farms � The Viable Farm ◦ Objective is to attain a viable farm, regardless of size ◦ A viable farm is one that can bring an adequate return on investment of land, labor, capital and resources ◦ Ministry of Agriculture, Food and Rural Affairs is the primary resource for farmers looking to achieve this objective

Farming Classifications � Farms may be classified into the following three categories: 1. Livestock

Farming Classifications � Farms may be classified into the following three categories: 1. Livestock farm (cattle) 2. Cash crop farm (corn) 3. Special purpose farm (dairy)

Farming and Nutrition Management � There is increasing scrutiny from an environmental perspective �

Farming and Nutrition Management � There is increasing scrutiny from an environmental perspective � Nutrient management controls how nutrients are applied to land in an environmentally responsible manner � Source of nutrients: ◦ Commercial fertilizer ◦ Bio-solids ◦ Manure � Generated by: ◦ Paper and pulp sludge producers ◦ Municipal sewage treatment facilities

Farming and Nutrition Management � Nutrition management protects: ◦ Environment ◦ Water ◦ Well-being

Farming and Nutrition Management � Nutrition management protects: ◦ Environment ◦ Water ◦ Well-being of Ontario � Act lays down standards for: ◦ Inspection/compliance measures ◦ Land-applied materials containing nutrients ◦ Provincial enforcement and authorities for remedial action ◦ Stage for future regulatory provisions (including a two-tiered conceptual framework)

Farming and Nutrition Management � Nutrition Management Act impacts the farm in the following

Farming and Nutrition Management � Nutrition Management Act impacts the farm in the following ways: ◦ ◦ ◦ ◦ � If Storage Handling Transportation and use Development requirements Required qualifications for farmers Retention of records and documents Minimum distance to land water close to farm you are selling a farm property, you must know about the Nutrition Management Act

Farming and Nutrition Management � Buying Properties Located Near Farms ◦ Residences near farms

Farming and Nutrition Management � Buying Properties Located Near Farms ◦ Residences near farms often complain about: �Dust �Odor �Noise � Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) is responsible for the Farming and Food Production Protection Act (FFPPA) which replaced the older Farm Practices Protection Act

Farming and Nutrition Management � Purpose of the FFPPA is to promote and protect

Farming and Nutrition Management � Purpose of the FFPPA is to promote and protect normal farm practice and use of agricultural areas in a way such that the needs of the agricultural community, environmental, provincial health and safety concerns are balanced ◦ It also protects farmers from nuisance complaints, lawsuits and injunctions ◦ It also protects farming industry from restrictive municipal by-laws that prevent ‘normal practices’

Farming and Nutrition Management ◦ A person or municipality may apply to Normal Farm

Farming and Nutrition Management ◦ A person or municipality may apply to Normal Farm Practices Protection Board (NFPPB) to decide whether any particular practice is normal under the Act �They must make a written decision with explanations within 30 days of hearing and reviewing all information � When marketing residential real estate properties that are close to farms, the seller should insert clauses in the Agreement of Purchase and Sale informing buyers of the following to prevent future liability: ◦ Any associated issues including dust, noise etc.