Mixed Use Developments And Strata Title

Article by Michael Brooks and Vedran Simkic*

Mixed use development is on the rise in North America and includes a variety of significant considerations.

One important consideration relates to non-condominium strata title developments. In these developments, positive obligations do not run with the land and are only enforceable in contract against subsequent owners. Furthermore, lawyers need to construct a regime of permitted transfers, rights of first refusal to purchase adjoining lands, and mandatory assumption agreements to make sure that owners of a strata title mixed use project always have privity of contract with their vertical or horizontal neighbours in the same project.