What are the requirements for a common vendor under which a lot can be purchased?
British Columbia, Canada
The following excerpt is from Anderson v. Michaels, 2017 BCSC 238 (CanLII):
In Jones v. Janke, Milledge et al., [1967] B.C.J. No. 114 at para. 23 (S.C.) the requirements were described as follows: (i) There was a common vendor under whom the various owners derived title; (ii) Before the land was sold there was a scheme relating to a defined area which the vendor intended to sell in lots, containing restrictions which were to be imposed on all the lots, and which though varying in details as to particular lots was consistent only with some general development; (iii) The restrictions were intended by the vendor to be and were for the benefit of all the lots; and, (iv) The parties and their predecessors in title purchased their lots from the common vendor on the footing that the restrictions imposed on the land purchased by them were to enure for the benefit of the other lots included in the general scheme.
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