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Nature Conservancy Of Canada
Louise Said:
Environmentalists! I need your wisdom!?We Answered:
Start with how many communities and industries in the area use well water. The water gets into the ground in places like the wetlandsSally Said:
A Property Transaction was signed by Buyer and Seller with terms in Ontario, Canada for a Family Farm.?We Answered:
The Seller has a duty to disclose. The relevant issue is how long the seller had possession of the land and did the seller know or have the ability to know of the restriction(s).In law, the ability to know is different than actually knowing. If the seller owned the land they would have been aprised of any such development in and around the lands which carried such restrictions.
The seller can't bury their head in the sand then come before the court asking for relief from an issue they should have known.
Next, ONLY that person whos signature is in question may contest the validity of the signature. If the buyer is not contesting his own signature, the seller has no authority to do so.
If the buyer, even under a copied or altered signature, validates the contract, it is deemed validated.
While you should consult a local solicitor, the fact that the land increased in value is not grounds to void the contract. The seller had ample opportunity to know these facts and can't now rely on them to his advantage.