Ontario Real Estate Licensing Exam Practice · Question
The Town of Oakville has proposed a new by-law that would restrict the maximum height of new residential buildings in certain areas to three stories. If a property owner currently owns land zoned for higher density and wants to build a six-story building, this proposed by-law primarily impacts which aspect of their bundle of rights?
Planning controls like zoning by-laws directly regulate how an owner can use and develop their property, thereby impacting their right to use and enjoy the land
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Question: The Town of Oakville has proposed a new by-law that would restrict the maximum height of new residential buildings in certain areas to three stories. If a property owner currently owns land zoned for higher density and wants to build a six-story building, this proposed by-law primarily impacts which aspect of their bundle of rights?
Answer options:
- The right to possession, as it restricts physical occupation.
- The right to dispose of the property, as it affects market value. ✅ The right to use and enjoy the property, by limiting development potential.
- The right to encumber the property, by affecting its ability to secure a loan.
Correct answer: The right to use and enjoy the property, by limiting development potential.
Explanation: Planning controls like zoning by-laws directly regulate how an owner can use and develop their property, thereby impacting their right to use and enjoy the land. This is a common restriction on land use imposed under the Planning Act.
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