LAND OWNERSHIP AND PROPERTY LINE DISPUTES
A person’s home is typically their most valuable asset. Many people also own a recreational or an investment property. Disputes with respect to the ownership of land are often complex and typically require the assistance of a lawyer. We have experience in assisting our clients in resolving many different types of land disputes.
Disputes relating to purchase and sale of property
Transactions involving either the purchase or sale of land can result in litigation where either the seller or the purchaser fails to complete the contract as agreed or where the purchaser later claims that the seller misrepresented an important characteristic of the property, for example whether there was a structural defect, mold, an unstable building site or a buried abandoned oil tank. The law provides remedies in these types of situations and we can assist our clients obtain an award of damages.
Disputes with Neighbours over Boundaries, Trespasses and Nuisances
Most land owners have neighbours and relations between adjacent land owners can often be less that ‘neighbourly’ for a variety of reasons. Neighbours can have disputes over boundaries (property lines), easements/rights of way (roads), trespasses (eg. cutting down of trees or improper placement of fences or roads) or nuisances (eg. loud noise, noxious odours, flooding). We can assist our clients obtain orders resolving boundary disputes and putting an end to a trespass or nuisance by obtaining an injunction.
Disputes between Co-owners of Land
People that own land together either as “tenants in common” or as “joint tenants” occasionally have disputes over when and whether the property should be sold and how income and expenses should be allocated. If these disputes cannot be resolved amicably, one of the remedies we employ to assist our clients is an application to court pursuant to the Partition of Property Act to obtain an order for the sale of the property and an accounting of any disputed income/expenses.
Recovering Land that was Transferred
People who have transferred land to another (often a family member) who later wish to reclaim that land because the transfer was not fair to them due to mental incapacity or other issues, may be able to have that transfer reversed. We have extensive experience assisting clients make court applications to restore their ownership of land.
If you have a problem with the protection or enforcement of your land ownership rights, we invite you to reach out to either Ross McLarty or Murray Wolf for a no obligation 30 minute free consultation. Call the law offices of McLarty Wolf at (604) 688-9542 today or contact us via our online form here.
