Canadian Lawyer

���Like many aspects of real estate property transactions, if you���re a seller, you���re going to want to provide full disclosure to avoid problems down the road.��� ��� Eric Gillespie pressure to use fossil fuels, thereby reducing greenhouse gas emissions. In many parts of the country photovoltaic technology is increasingly used to generate electricity from the sun. The process attracts those who don���t have ready access to traditional electricity, want to live or cottage off the grid, want to reduce their own greenhouse gas emissions, and those like the Valecon Group, which has identified some solid business potential. But, just as society, businesses, and governments are experiencing growing pains adapting to new related systems, the introduction of the technology to private property is exposing new issues. There can be many players involved in an installation ��� the landlord, the company that owns the panels and leases the space or roof, the recipient of the electricity produced through the project, and a lender or two ��� and each wants to protect their own interest. In Ontario, provincial legislation has helped solar energy see the light of day. The Green Energy Act allows for handsome returns for large or smaller clean energy generation projects. Through the FIT and microFIT programs, the prop- erty owner can purchase a solar power facility, install it, and hold the 20-year contract to sell the power through the Ontario Power Authority. Other scenarios see the owner lease out the space to a solar business that holds the FIT contracts. Dennis Daoust, in acting for the Valecon Group, suggests the best approach off the top was to separate the business of solar energy from the property development business, allowing a clear division in the event of a sale. But Daoust, a partner at commercial real estate firm Daoust Vukovich LLP, djacent properties, and any easements ovided in this agreement and save and e are complied with; you (b) any registered un with the land providing that such are telephone lines, cable television lines or e, where the central to the real estate transaction.ass Keeping you original mortgagee has s for the supply of domestic utility or tele le of the mortgage and the right to recei titleplus.ca do not materially affect the present use ments with publicly regulated utilities prov * * �� The TitlePLUS�� policy is underwritten by Lawyers��� Professional Indemnity Company (LAWPRO��). Registered trademark of Lawyers��� Professional Indemnity Company. Untitled-1 1 www.CANADIAN 1-800-410-1013 L a w ye r m a g . c o m 12-08-10 11:53 AM March 2013 21

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