The appellants appealed a decision declaring their option to purchase a residential parcel of farmland void for contravening section 50 of the Planning Act.
The appellants had sold a 74-acre farm but entered into an option agreement to purchase back the residential portion.
The Court of Appeal held that the option agreement violated section 50(3) because the grantor retained abutting lands not within a registered plan of subdivision.
The Court further found that the agreement lacked an express condition requiring compliance with the Planning Act under section 50(21), and declined to rectify the contract due to a lack of evidence of a prior oral agreement to include such a condition.
The appeal was dismissed.
