One of the biggest frustrations a homeowner can face is a dispute with a neighbor over property boundaries. Property line disputes with neighbors can lead to ongoing hostility and controversy that cause stress and even can make it difficult to continue living in an area.

If you’re involved in a property line argument with a neighbor, consider working with an experienced real estate lawyer to resolve the matter as quickly and inexpensively as possible.

When Do Property Line Disputes Occur?

Conflicts can occur following some precipitating event that involves identifying the exact property line. For instance, a neighbor might install or remove fencing or a retaining wall or a tree might fall during a storm.

In some cases, neighbors get too aggressive with trimming or removing trees or shrubs that  aren’t on their property, or they might plant a garden that encroaches on land beyond their own property line.

Improvements or changes to a home also can serve as the impetus for property line disputes. For example, a neighbor might construct an addition to their home or a separate building or driveway that encroaches over your property line.

What Can You Do to Resolve a Property Line Dispute?

When a property line encroachment problem arises,  some  neighbors manage to work out disputes themselves without litigation by meeting and reviewing all the relevant legal documents, including titles, maps and property surveys.

If those steps are unsuccessful, some owners may try to contact the police or the local government building inspector or bylaw officer.  However the police typically will not get involved in an argument about property lines unless a criminal act — such as your property being damaged intentionally — has occurred. Local government officials also typically do not intervene in conflicts regarding private property boundaries unless it involves the contravention of a building or development permit or a municipal bylaw.

. However, if the dispute cannot be resolved amicably and informally, where for instance the neighbor is acting unreasonably in encroaching or trespassing over a property line, the assistance of a lawyer, and potentially an application to the court for an order defining your rights, may be required.

Get Assistance with Property Boundary Conflicts

If informal negotiations do not resolve the dispute, you may require a real estate lawyer to advise you of your legal rights, present a proposal to your neighbour or if necessary seek the Court’s intervention to help your resolve the dispute. Your lawyer can also assist you assemble the evidence you need to deal with factual disagreements.  For example, a qualified land surveyor can be retained to provide a report about the location of the property line.

By working with a lawyer experienced in land ownership issues, you can ensure that you take the appropriate steps to protect your interests. To schedule a consultation, please contact McLarty Wolf at 604-688-9542.

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 estatemore often they involve issues such as easements,¹ boundary lines, restrictive covenants, encroachments, trespasses, nuisances and other non-possessory interests in land.

For example, boundary and encroachment issues can arise when it is discovered that a building or road extends over a property line or a construction project on adjoining land has caused intrusions onto or damage to the neighbouring property.  Neighbours can also have disputes over the placement or removal of boundary fences and trees.

Some property owners carry on activities that can create excessive levels of noise or odours that the law may regard as a nuisance.  Others permit the escape or release of water from their land which can cause extensive damage to neighbouring properties.

Land ownership and use disputes have been present for centuries and the common and statute law has developed a number of remedies that a land owner can use to either preclude further interferences with his or her enjoyment of their property or to seek damages from the offending neighbour.

The Benefits of Retaining Lawyer

Property law is a complex area of the law  and it is highly advisable to speak with a lawyer regarding any land ownership or use dispute. Property law involves a complicated intersection of provincial legislation, local ordinances, and case law so it is important to consult a lawyer that has experience practicing in this area. Some of the ways that a lawyer can help you if you are involved in a land ownership dispute include the following:

• Determine the legal validity of your proposed course of action or claim
• Attempt to negotiate an out-of-court resolution to the matter
• Initiate correspondence with the other party to the dispute explaining the legal justification for you position and threatening legal action if adequate measures are not taken
• File a lawsuit on your behalf in the appropriate court to seek injunctive relief or damages

Call a Vancouver Land Ownership Lawyer Today to Schedule a Consultation

If you are involved in a land ownership dispute, you should speak with an experienced lawyer as soon as you can. For a free phone consultation with one of our lawyers, call McLarty Wolf today at 855-688-9542.

References:

¹ https://www.law.cornell.edu/wex/easement

Many people in Vancouver and throughout British Columbia choose to purchase real estate with another person, usually for 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 co-ownership of land is that all of the owners must agree on how to deal with the property so effectively each owner has a ‘veto’ power over important decisions, such as whether or not to sell it.

Unfortunately, whenever multiple people are involved in making decisions, disputes can arise. In cases where these disputes cannot be resolved through informal negotiation or compromise, a party may proceed under the Partition of Property Act. That statute provides that if co-owners cannot agree, one of the owners can apply to the Supreme Court for an order requiring the sale of the property.  In some other cases, if the property is large enough and municipal laws permit it, an order can also be sought for the partition of the property into smaller parcels.   Some examples of property owner disputes that may require a court application under the Partition of Property Act include:

• One party wishes to sell the property in order to liquidate their equity while the other wants to hold onto it
• One party wishes to rent the property out but the other wishes to occupy it
• One party wishes to expand the existing structure or structures on the property while the other wants to preserve it as is
• One party wishes to use the property for some commercial pursuit while the other does not

When Should Property Owners Speak with a Lawyer?

Of course, there is no need to call a lawyer the moment that you learn that a co-owner of your property and you may disagree about a proposed use or sale. In many cases, simply discussing it may result of bringing the other party over to your side or resulting in a compromise. If, however, a co-owner seems like he or she is going to frustrate your efforts regardless of your attempts to discuss it, you should speak with a lawyer about your legal options.

Contact a Vancouver Landownership Lawyer Today to Discuss Your Options

If you are involved with in a dispute regarding jointly-owned real estate and believe that a partition or sale of the property may help resolve your dispute, you should call a lawyer as soon as you can. To schedule a consultation with one of our lawyers, call McLarty Wolf today at 855-688-9542.

A high fence in British Columbia may be helpful when a home owner 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 solution where a building encroaches upon or a fence encloses part of the neighbouring property allowing either neighbour to apply to the Supreme Court for a resolution. The court then has the power to order one of three remedies:

1. Grant an Easement: The court can grant an easement over the part of the property encroached upon by the fence or building.  The court can then order compensation for the easement.
2. Title: The court can give the encroaching neighbour title to the property and order them to pay compensation.
3. Remove: The court can order the neighbour to remove the encroaching or enclosing building or fence.

Encroachment Case Law

In a recent court case, Oyelese v. Sorensen, 2013 BCSC 940^[2] (CanLII), the Sorensens were ordered by the Court to remove their encroaching swimming pool from their neighbours land. In 1998, an in-ground pool had been installed which crossed over the property line unbeknownst to either homeowner.  Mr. Sorensen purchased the home in 2007 unaware of the encroachment.  At that time, Mr. Sorenson was provided a “survey certificate” with hand draw location of the swimming pool. In 2009, Mr. Oyelese purchased the neighbouring property and discovered the encroachment, ultimately leading to the filing of the lawsuit.  The court decision directed the Sorensens to remove the pool within 75 days.

Contact a Vancouver Land Ownership Lawyer

If you have a neighbour who has encroached upon your property with their fence or even a building, it is important to speak to a Vancouver land ownership lawyer as soon as possible to discuss your possible remedies.  Contact 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.

References:

[1] http://www.bclaws.ca/civix/document/id/complete/statreg/96377_01
[2] http://www.courts.gov.bc.ca/jdb-txt/SC/13/09/2013BCSC0940.htm

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 stata property.  It is also an exchange of promises to do something in the future.  As soon as those promises are made in writing they bind the promisors, the buyer and seller. Unfortunately, in most residential transactions, the parties sign a purchase contract before consulting with lawyers.

Terms of a Vancouver Purchase Agreement

The basic promises of a Vancouver real estate purchase contract include the seller’s promise to the buyer that on a certain date in the future he or she will deliver to the buyer title to the subject property “free and clear” of all encumbrances, except for those agreed upon in the purchase contract.  In exchange, the buyer promises to pay to the seller a sum of money.

Obstacles in a Vancouver Real Estate Transaction

Unfortunately, in many instances, either the seller or the buyer faces practical obstacles to fulfilling the promises that were made pursuant to the terms of the purchase agreement including:

• The seller cannot provide clear title.
• Buyers often have contingencies (subject to clauses) that must be met prior to closing. Such contingencies include securing financing, obtaining a reasonable interest rate for the financing, and selling a current home.
• A home inspection reveals infestation, mold, or major flaws in the property that could cause a buyer to demand repairs or wish to cancel the transaction altogether.

Vancouver Subject Clauses

It is very common in Vancouver for purchase agreements to contain subject clauses that must either be fulfilled or waived before the buyer is bound to complete the contract. A common example is: “the Buyer’s obligation to complete the purchase of the Property is subject to the Buyer being satisfied with the results of a physical inspection of the Property on a specified date.”

With the Vancouver real estate market generating increasingly higher sale prices, it is likely that more sellers may may attempt to end their contracts based upon the terms of subject clauses in order to sell the property at a higher price to someone else.  This, in turn, may lead to increased land ownership litigation concerning subject clauses including:

• An agreement that is silent as to the removal of a subject clause;
• Uncertain subject clauses;
• Subject clauses that gives the party to for whose benefit the clause was inserted a wide discretion as to how the clause is to be satisfied.

In many such cases it will be difficult to determine if a party is appropriately relying on the terms of the subject clause, or perhaps developed “cold feet” and is looking for a way to termination the deal.  In either event, it is important to speak to an experienced Vancouver land ownership lawyer to best protect your rights.

Contact a Vancouver Land Ownership Lawyer

If you have entered into the terms of a purchase agreement and the other side is unable or unwilling to finalized the deal, it is important to speak to a Vancouver real estate lawyer as soon as possible.  Contact 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.