The most common property dispute is when there is an executed Agreement for Purchase and one of the parties backs out of the deal. Most people do not realise that an executed Agreement for Purchase and Sale is a binding contract. Backing out of a real estate deal can have serious consequences. If a purchaser backs out of a real estate deal, the seller is entitled to keep the deposit and can sue the buyer if they have to re-sell the property at a lower price. If a seller backs out of a real estate agreement, the buyer can force the seller to complete the sale of the home.
If you bought a house and discovered that the seller misrepresented or hid problems with the house, the seller may be liable to pay you damages. It all depends whether the seller knew of the problem and hid the material facts from you or not.
Property Disputes can arise either from disagreements with your neighbour regarding boundaries. It could be a neighbour blocking common access to your driveway, impeding access to your property, cutting down trees, or demolishing a jointly owned fence.
Property Disputes can also arise from disputes about title between owners. These property disputes tend to occur when multiple people own a percentage of the property. One party either isn’t paying their share of their costs to maintain the property. Another common dispute is when one party wants to buy-out the other party. Resolving these issues without litigating is a cost-effective resolution between the parties. We can assist in reaching a resolution. If no amicable resolution can be reached, the next step is to go to Court to ask for a Partition of Sale.
One of the least common property disputes is evicting a boarder. A boarder does not have the same rights as a tenant under Ontario law. A boarder is someone who lives in your house and shares both a bathroom and the kitchen with you. It can be a relative, such as in-law, a sibling, or a roommate who is living with you to help pay rent.
At O’Connor Richardson, we can assist in these property disputes. Contact us for a free consultation.