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 landowner 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 your 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 877-230-5383.