Practice Areas

Title Disputes

Title disputes in Ontario involve disagreements between parties over the ownership of a property or the validity of a property’s title. These disputes can be complex and require legal expertise to resolve. Title disputes in Ontario are governed by a combination of common law and statutory law, including the Land Titles Act and the Registry Act.

There are several types of title disputes that can arise in Ontario, including:

Adverse possession

Adverse possession occurs when a person takes possession of another’s property without permission and holds it for a period of time. Adverse possession can give rise to a claim of ownership, which can be challenged by the true owner.

Example: A person may occupy a portion of their neighbor’s property for an extended period of time, which can give rise to a claim of adverse possession.

Boundary disputes

Boundary disputes arise when parties disagree over the location of a property’s boundary. These disputes can be complex and may involve a range of legal and factual issues.

Example: A property owner may argue that their neighbor’s fence or structure encroaches on their property, while the neighbor may argue that the fence or structure is located on their own property.

Fraudulent conveyance

Fraudulent conveyance occurs when a person transfers ownership of a property with the intent to defraud creditors or others. Fraudulent conveyance can give rise to a claim that the transfer was invalid and that the property remains in the true owner’s possession.

Example: A debtor may transfer ownership of a property to a family member with the intent to avoid paying creditors, which can give rise to a claim of fraudulent conveyance.

Undue influence

Undue influence occurs when a person uses their position of power or authority to influence another person’s decision to transfer ownership of a property. Undue influence can give rise to a claim that the transfer was invalid and that the property remains in the true owner’s possession.

Example: An elderly person may be influenced by a caregiver to transfer ownership of their property to the caregiver, which can give rise to a claim of undue influence.

In Ontario, resolving title disputes typically involves an examination of the relevant laws and regulations, as well as an analysis of the specific circumstances of the case. Legal arguments may involve issues related to property law, contract law, and civil procedure. Title disputes can be resolved through negotiation, mediation, or litigation, depending on the nature and complexity of the dispute.

If a title dispute is resolved in favor of one party, the court may issue an order to correct the property’s title, which can include a transfer of ownership or a rectification of the property’s boundaries. In some cases, damages or other remedies may be awarded to the prevailing party.