Do You Need a Lawyer To Resolve a Land Ownership Dispute?
Disputes regarding the ownership and use of land can have extremely serious financial consequences and can affect the way you are able to enjoy your property. For this reason, these disputes can quickly become acrimonious and often result in litigation. Although land ownership disputes can involve disagreements about who owns a particular parcel of real
- Published in Real Estate and Property Disputes
How to Obtain a Court Order Establishing Mental Incapacity?
As people go through life, they may develop illnesses or sustain injuries that affect their ability to manage important decisions regarding their healthcare, finances, or other affairs. Some of the issues that can result in mental incapacity include Alzheimer’s Disease, a severe traumatic brain injury (TBI), stroke, or dementia. In situations where the person has
- Published in Elder Law
Examples of Property Owner Disputes That Can Be Resolved By a Court Application Under The Partition of Property Act
Many people in Vancouver and throughout British Columbia choose to purchase real estate with another person, usually for property investment purposes. Family members can also find themselves jointly owning land as a result of an inheritance or a gift made as a result of an estate plan. One of the important aspects of joint or
- Published in Real Estate and Property Disputes
Misuse of Power Of Attorney
A “Power of Attorney[1]” is a legal document through which one person, known as “the donor”, authorizes a second person, known as “the attorney”, to act on their behalf. The document grants power to the attorney to step into the donor’s shoes and to act on their behalf relative to legal and financial matters. The
- Published in Trust and Estate Litigation
The British Columbia Reservation Of Rights Letter
A reservation of rights letter[1] is an insurer’s notification to an insured that there may be none or only limited coverage for a claim under the insurance policy. Such a notification allows an insurer to investigate or even defend a claim to determine whether coverage applies (in whole or in part) without waiving its right
- Published in Insurance
Section 36 Of British Columbia’s Property Law Act
A high fence in British Columbia may be helpful when a homeowner has children or even a dog, but what if the fence crosses onto the neighbour’s property? Even more difficult is when a neighbour’s building crosses the property line or creates a safety concern. Section 36 of British Columbia’s Property Law Act[1] offers a
- Published in Real Estate and Property Disputes
Real Estate Purchase Agreements
A purchase contract is a key document in a Vancouver real estate transaction. It speaks to the rights and obligations of the parties with respect to a real estate transaction involving “fee simple” land or a state property. It is also an exchange of promises to do something in the future. As soon as those
- Published in Real Estate and Property Disputes
BC Vacation Property Ownership Disputes
Joint-ownership of a recreational property is not always easy. Peaceful co-existence within a family can sometimes be more fantasy than reality when family members disagree on the use, improvement or transfer of partial ownership interests in a vacation property. Vacation Property Ownership Agreements Recreational land can end up being owned by a number of family
- Published in Real Estate and Property Disputes
Land Co-Ownership Disputes
What happens when two people who own property together (joint tenants or tenants in common) can’t agree on what should happen to their land. When co-owners agree to list the house for sale and to divide the profits, or alternately implement a buy out of one owner’s share, the process can be fairly easy and
- Published in Real Estate and Property Disputes
Vancouver Land Ownership Rights
The price of residential real estate in the City of Vancouver and surrounding communities continues to increase at a staggering rate. This is especially true for single-family homes where figures released by the Real Estate Board of Greater Vancouver[1] for February 2016 show a 27% year-over-year increase for single-detached home prices in Metro Vancouver. Property
- Published in Real Estate and Property Disputes
Disputed Estates Based Upon Mental Capacity
When a person dies with a properly written, signed, and witnessed Will in place, the administration of the estate usually proceeds without difficulty. Unfortunately, some people die without a Will or with a Will that is invalid due to the failure of the Will to conform to the ‘formal’ requirements for a valid Will established
- Published in Elder Law
Investigating Vancouver Area Undue Influence
What is Undue Influence Section 52 of The Wills, Estates and Succession [1] Act (“WESA”) creates a presumption of undue influence in relation to disputed wills where certain types of relationships exist. That section speaks to undue influence and provides as follows: “In a proceeding, if a person claims that a will or any provision
- Published in Trust and Estate Litigation
Recent Posts
-
Case Comment: Holman v Brooke, 2022 BCSC 526
-
Registrar’s Hearing-Passing of Accounts
-
The Final Phase in Administering an Estate: The Duty to Account and the Passing of Accounts
-
Proprietary Estoppel: What remedies are available when someone takes back a promise to transfer property?
-
Proprietary Estoppel: When is a Real Property Owner Required to Follow Through on a Promise to Transfer Land to Someone Else?
