Fittings also known as chattels do not form part of the land and will not be included unless it has been expressly agreed otherwise. Public inquiry procedureThe procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next.
Even for inquiries established under the Inquiries Act IA , the associated inquiry rules are not particularly prescriptive as to how they ought to be. As these provisions are additional to the general. Sign in Contact us. Legal Guidance. A latent defect, also referred to as an inherent defect, is damage to real estate property or a construction project that is not apparent upon initial inspection and is discovered when the property or project is turned over to new owners.
A latent defect may be due to damaged construction materials or poor workmanship or design. A potential buyer would not notice the defect upon first inspection. The damage exists but is concealed or not apparent until later. Latent defects could become a factor in property insurance coverage and liabilities.
A hidden defect or imperfection in a construction project could be grounds for breach of contract or negligence on the part of the contractor. There are a number of latent defects that a homeowner may not be aware of prior to buying a property. Although these defects are often excluded from coverage in property insurance policies, some providers have insurance policies or riders that are designed to protect homeowners from such events.
The contractor then should be given the opportunity and time to remedy the damage or pay for the total damage cost, whichever is deemed appropriate by both parties. A hidden or concealed defect; one which could not be discovered by reasonable and customary observation or inspection. Injured parties may be able to recover damages for a latent defect or may be entitled to a refund or a non-defective replacement.
More Info:. Property Considerations. Residential Measurement Standard.
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