A Burnaby couple is eager to sell the home they have lived in for four decades and have found a prospective buyer who is keen to convert the single-family property into a multi-unit building.
But the sale has hit a snag.
Kenneth and Kathleen Pon recently learned that the builder of the home, back in the 1970s, attached a clause to the land title that restricts the building of any dwelling on the property with first-floor space that is smaller than 1,400 square feet unless permission is given by the builder. But that builder has long since gone out of business.
According to the petition, the buyer and seller are asking for an order to cancel the clause, which was placed on the land title, along with 18 other homes in the same area, in the mid-1970s when a company called De Courcy Developments Ltd. subdivided and developed the land.
