Real Estate Litigation Lawyers
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 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 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 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 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.
Boundary disputes in Ontario involve disagreements between property owners over the location and ownership of a property’s boundary.
Land Use Disputes
Real Estate Litigation Consulting
Title Insurance Claims
Real Estate Fraud
As a litigation law firm, we understand that real estate fraud can be a serious problem for individuals and businesses. We know that it typically involves deceptive practices in real estate transactions, such as mortgage fraud, misrepresentation of property values, and other types of fraudulent behavior. We also know that real estate fraud can be perpetrated by individuals, real estate agents, brokers, or other parties involved in the transaction.
Real Estate Contracts
Real Estate Agent and Broker Liability
Mortgage and Foreclosure Litigation
Mortgage and foreclosure litigation can be complex and require legal expertise to resolve. In Ontario, mortgage and foreclosure litigation is governed by the Mortgages Act and other relevant legislation.
Easements and Rights of Way
Easements are legal rights granted to someone other than the owner of a property to use a specific portion of the property for a specific purpose.
In Ontario, easements are governed by the common law and the Land Titles Act, which provides for the registration of easements on a property’s title.
Whether you are a landlord seeking to evict a tenant, or a tenant facing eviction or other legal issues, our team is here to help. We provide comprehensive legal services, including negotiating settlements, representing clients at the Landlord and Tenant Board, and pursuing litigation in court.
Commercial Leasing Disputes
Leasing disputes in Ontario involve legal disputes between landlords and tenants over the terms and conditions of a lease. Leasing disputes can be complex and require legal expertise to resolve. In Ontario, leasing disputes are governed by the Residential Tenancies Act (RTA) and the Commercial Tenancies Act (CTA), depending on the type of lease involved.
Agreements of Purchase and Sale
Breach of contract claims can be highly complex and can arise in a variety of situations where one party fails to fulfill their obligations under a contract. This can occur in a wide range of legal agreements, including contracts related to real estate transactions, employment agreements, sales contracts, construction agreements, and more.
Joint Venture and Partnership Disputes
Joint venture and partnership disputes arise when two or more parties collaborate on a real estate project. Disputes can arise over issues related to ownership, management, and financing.