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Widow’s battle to resell burial space underscores Metro Vancouver’s real estate crunch

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A little more than 25 years ago, John Douglas Carnahan bought the rights to two burial plots in the northeast corner of a hilly cemetery in a dense area of Burnaby, B.C.

Back then, they cost $750 each.

As years passed and space grew scarce, the cost of a single plot in the same cemetery surged to more than $10,000.

After Carnahan’s death at 91, his widow decided not to use the plots. Her battle for the right to sell the plots privately to any buyer at market value has now spilled over into B.C. Supreme Court in a case experts say again proves the region’s real estate crunch is also squeezing its graveyards.

“We are running out of space, particularly in the Lower Mainland,” said architect Bill Pechet, who’s worked in cemetery design for roughly 30 years.

“Just like we have a housing crisis for the living, we’re also encountering a housing crisis for those who want to be buried.”

Cemetery blocking resale, widow says

Carnahan bought both plots at Pacific Heritage Cemetery in March 1998. At the time, there was a clause in the purchase agreement saying cemetery directors “may” buy back owner’s plots at the original purchase price.

Carnahan’s widow, Sheila Carnahan, contacted the cemetery after her husband’s death in 2021 to ask how she could go about privately selling the plots she no longer needed to a third-party buyer.

Her claim said staff told her in an email last October that, according to its bylaws, she could only sell her plots back to the cemetery for the original purchase price of $750 each.

Stone gravemarkers are pictured in a grassy cemetery on an overcast day. Residential homes are visible beyond a hedge in the background.
Burial plots in section G of the Pacific Heritage Cemetery in Burnaby, B.C., pictured on March 20. (Ben Nelms/CBC)

Sheila Carnahan has argued the cemetery “misinterpreted” its own bylaws because the clause said cemetery directors “may purchase” plots back — not “must purchase.”

“The claimants say that the position taken by the [cemetery], while invalid in law, effectively prevents a sale to third parties because the [cemetery] controls the ownership record and the operation of the cemetery, including the preparation of the grave for use,” the lawsuit said.

“The [cemetery] could effectively prevent the new owner from using the plot.”

The cemetery has not responded to her claim in court.

In B.C., rights to interment sold in perpetuity

In B.C., buying a plot is just buying the right to interment, meaning a buyer is paying for the right to be buried in the space but not purchasing the land itself. Those rights are sold in perpetuity, so buyers can hold plots for however long they choose — unless a plot has been empty for more than 50 years and the rightsholder is more than 90 years old, in which case a cemetery can launch the complex process of applying to get the space back.

Each cemetery sets its own rules around resales. Some bylaws allow private sales, others don’t.

Most cemeteries in Metro Vancouver are full or nearly full. As the value of real estate has skyrocketed over the last decade, so has the value of that scarce burial space — especially in urban areas. Private plots in Metro Vancouver have been listed on Craigslist or Kijiji for anywhere from $5,000 to $50,000.

Resales are common enough to warrant caution from Consumer Protection B.C., urging buyers to check online ads carefully to ensure whether cemeteries honour private sales.

Limited space, poor planning part of the problem

There’s a shortage of traditional cemetery space in B.C. for the same reason there’s a shortage of space for new homes — builders have nowhere else to go.

“The housing crisis that we’re encountering is a result of our inability to expand horizontally because we encounter the mountains on one side and the ocean on the other,” said Pechet.

“We have a land shortage for housing, and cemetery spaces are a form of housing.”

City planning was also an issue.

“For some reason, the Metro Vancouver area seems to have significantly less cemetery space through some planning than most other municipalities,” said Glen Hodges, who manages Mountain View Cemetery, the only graveyard in Vancouver.

“It’s some magical mystery as to why.”

Some European countries, like Switzerland, Sweden, Italy, France and Germany, limit cemetery leases to anywhere between three and 30 years to free up more plots.

In Spain and the United Kingdom, bones can be moved after a certain period so the plot can be recycled to be sold again. The City of London Cemetery, for example, reuses graves left untouched after 75 years.

In 2019, the City of Vancouver passed a series of bylaws to save space at its only cemetery. Gravesites at Mountain View Cemetery are now allowed to be shared by multiple families, and the cemetery can decide when additional remains can be added to an existing space.

Pechet said B.C. might have to consider vertical cemeteries, like those in Japan, or find a way to tactfully incorporate gravesites into existing public parks. Recycling could also be an option.

“I think it will inevitably have to lead to a lot of invention,” he said.

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Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

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TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

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Homelessness: Tiny home village to open next week in Halifax suburb

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HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

The Canadian Press. All rights reserved.

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

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