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CSmith40 · Sep 12, 2010, 11:02 AM

The City of North Bay Ontario had been donated park land for forever. They claim forever is only 40 years can this be substantiated by an Ontario Statute?

tickle · Sep 12, 2010, 11:14 AM

I know North Bay. Do you want them to have the land for forty years, or you don't? Isn't it better park land then ruined by loggers ? I think don't anyone here can tell you if this is substantiated or not. I am from Ontario, and there is no way I know the answer to that question. You could check with your MP in North Bay. He would know if there is a statute.

Tick

CSmith40 · Sep 12, 2010, 11:18 AM

Hi there the City of North Bay is selling off donated park land the parkland was donated to them for forever however the City claims there is an Ontario statute that states forever only means 40 years I was hoping someone could advise what statute they are referring too if not ww will contact our local MP Monique Smith thanks.

tickle · Sep 12, 2010, 11:22 AM

Yes, your second post sort of clarified your first post. No need to post twice.We are all volunteers here and answers come from different directions.

No, as I stated, I would suggest you contact your MP. If the land was donated to them, possibly from an estate do you think, then the title would have been changed over to the City of North Bay and quite frankly, they can do what they want with it if this is the case. It would be quite legal.

However, if there was a clause stating they couldn't sell, then changes the picture.

Tick

CSmith40 · Sep 12, 2010, 11:29 AM

Sorry

tickle · Sep 12, 2010, 11:31 AM

Originally Posted by CSmith40

sorry

That's quite all right. This kind of statute would be a statute within another one, etc. Unless you had the book of Ontario Statues then you couldn't access the information you wanted. Your town hall would probably have a reference book for this as well, but your best bet is still your MP.

Tick

Fr_Chuck · Sep 12, 2010, 12:27 PM

The problem with donated land, is that unless it is put and set up into its own trust, the new owner is not really obligated by the will to follow the wishes of the previous owner, unless there was some restrictions put on it.

CSmith40 · Sep 12, 2010, 01:05 PM

Thank you for your response the donated land is currently in use with 2 baseballs fields and is over 3 acres it was gifted by Tapper Gray and even his descendants are not happy with the City's decision to sell off the land for profit to build new ball fields in a remote location in the City. The City is using "The Forty Year Rule" as their defense. Do you know of any other laws that could protect the original gentlemen's agreement? Thanks Again...

excon · Sep 13, 2010, 07:25 AM

Originally Posted by CSmith40

Do you know of any other laws that could protect the original gentlemen's agreement?

Hello C:

Here in the US, there is NO gentleman's agreement when it comes to real estate. If, when the land was donated, there was nothing WRITTEN to prevent the city from selling it, then they can sell it. They could even do it before 40 years...

Maybe Canada is different... But, I don't think so...

excon