Legal Disputes Involving Land
Real estate is often the single largest asset a person owns. When it involves a person’s home, it usually includes an emotional element. For this reason, real estate litigation in Alberta occurs regularly. The disputes that arise vary in nature and detail. Each situation is different. No matter the details, the real estate litigation lawyers at Kahane Law Office, in both Calgary and Edmonton, help clients when they face a real estate related challenge. We understand both the complexities as well as the personal nature of disputes involving land.
Types of Real Estate Litigation Disputes
Disputes arise for a variety of reasons. As a result of the volume of real estate transaction our law firm helps clients with, our real estate litigation lawyers see a lot of such disputes. If in doubt if we can help, please connect with us and we can let you know. For example, we assist clients with the following types of matters:
Disputes Between Neighbours
Good neighbours often add to a person’s enjoyment of their home. Bad relationships with a neighbour, often make it a nightmare. When it comes to real estate litigation disputes with neighbours, there is no telling what each client will bring up in a client meeting. For example, common issues include:
- Legal issues related to trees: this often involves one neighbour killing a tree not situated on their property, cutting branches on a neighbours tree or a tree that causes damages to someone’s home;
- Boundary lines disputes, also known as adverse possession, involves a dispute as to where the property line is located. Since land has value, most people prefer to have as much of it as they can;
- Noise complaints: When someone near your home creates noise inside or outside their property that disrupts a neighbour, we often issue a cease and desist letter, or apply for a court order to stop it; and lastly
- Harassment: This involves a neighbour whom repeatedly reports someone to the police or bylaw enforcement for no reason. In addition, this involves defamation when a neighbour who by word or in writing (including electronic means) makes false, derogatory statements about someone in the community.
Real Estate Purchase And Sale Litigation / Disputes Between Buyers And Sellers
This type of real estate litigation is the most common. These disputes arise when someone buys or sells a home and one party believes that the other breached the contract or otherwise wronged them. Too many types of issues arise in these contracts so ones listed below are merely a sample. For example, this includes:
- Breach of contract: Direct breaches of contract include one party failing to close (failing to buy or sell the home), the inability or refusal to prove a real property report, a property that fails to reflect a representation or warranty involving a breach of a restrictive covenant, the property failing to be in substantially the same condition when the buyer takes possession and sellers either taking appliances or the appliance not working on possession.
- Deposit disputes: Sometimes these situations include a breach of contract, but not always. When a party does not waive conditions, or fails to close, deposits often come into dispute. Who ultimately gets the deposit depends on the specifics of the situation as well as the specific language in the contract.
- Fundamental breach of contract: When someone agrees to sell their home and it is substantially damages (ie when it is no longer habitable due to extensive fire), a fundamental breach of contract often leads to a dispute regarding closing, insurance and deposits.
- Misrepresentations: When a seller makes a misrepresentation as to an aspect of their home to the buyer, and the buyer relies on that information, our lawyers often act to protect the interests of our clients.
- Non-disclosure matters: Most frequently this involves patent or latent defects. In the contract used most often in Alberta, material latent defects require disclosure, in writing and in the contract to the buyer.
Disputes with Municipalities
Once again these disputes arise often and involve a variety of situations. For example, our real estate litigation lawyers become involved in these situations:
- Municipal government act: When a municipality builds a public work adjacent to your home, the municipality is liable for reimbursement for loss of value;
- Bylaw enforcement: These often include noise complaints, weed or snow removal violations and large amount of trash on a property;
- Illegal secondary suites: When someone is ordered to make physical changes to their home due to a secondary suite; and lastly
- Cease work orders: When a municipality directs someone to stop working during the course of construction.
Condominium disputes (owners and boards)
My their nature, a condominium involves living in closer proximity to other people. Further, a minority of condo owners sitting on the condo board hold responsibility to make decisions for the majority. Sometimes people dispute those decisions. In addition, at times a person is fined by the condo board for something that they dispute.
When a person loses their job or otherwise fails to pay their mortgage, a foreclosure is often the legal consequence. Our lawyers act for either a lender or the borrower. While few defenses to foreclosure exist, we often act to delay proceedings when retained by a borrower.
Real Estate Litigation For Occupiers’ Liability
When you invite people onto your property, certain obligations exists to keep them safe. For example, if you fail to remove ice, keep stairs in good repair or remove tripping hazards, anyone who suffers damages may have a claim against you. We act for either the injured party or the occupier. While insurance covers many of these situations, a lack of insurance or coverage for the specific situation lead people to retain our law firm.
Disputes between landlords and tenants
Commercial and residential landlord tenant disputes often become heated. Our real estate litigation lawyers help. Most frequently, these issues involve damage deposits, problems with the property or evictions.
Costs For Hiring Real Estate Litigation Lawyers
The number one concern for people hiring a lawyers is the cost. We offer a wide range of services in a variety of pricing models. For example, we offer:
- Flat rate options for demand letters;
- One time fee with no retainer for a consultation to learn your position;
- No commitment, on demand legal help with no retainer for help to allow you to act for yourself, with support as you need it; and
- Hourly rate, with retainers for negotiating, settling or going to trial to protect your interests.
The Help You Need From Real Estate Litigation Lawyers In Calgary & Edmonton
When facing a legal issue involving real estate, contact our real estate Litigation lawyers. Anytime you need help, email or call. Our team loves helping people. For assistance in Calgary and surrounding communities, please call us at 403-225-8810. If located in Edmonton and surrounding communities, please call us at 780-571-8463. In order to share more details of your situation, we encourage people to due so by emailing us directly here.