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ARTICLE · 29 DECEMBER 2015

Harvey Haber's December 2015 Helpful Commercial Leasing, Arbitration And Mediation Tips

On the Landlord's site plan, indicate that the area hatched in black sets out the approximate location of the leased premises.

CanadaReal Estate and Construction

Site Plan

On the Landlord's site plan, indicate that the area hatched in black sets out the approximate location of the leased premises. Why? Because the Landlord does not want a misrepresentation action against the Landlord in which the Tenant argues that the hatched area is not the exact location of the leased premises. A change in layout of the development may have caused a slight change in the location of the leased premises.

Approximate Location

Change the offer to lease or the lease so that the Tenant's premises is shown cross-hatched in black on the site plan rather than being outlined in red. Why? Because when running copies of the offer to lease or the lease to be signed, it's often forgotten to outline the premises in red on the site plan. If the premises are shown cross-hatched in black, then there is no worry as the photocopy clearly picks this up – whether you make one or one hundred copies!

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