Real Estate Litigation Articles
Homeowner tears strip (of land) off neighbour.
Bob Aaron bob@aaron.ca A dispute between next-door neighbours over a two-foot-wide strip of land illustrates the property-law principle of adverse possession. Gillean Gibb and Liliana Maria Pereira are next-door neighbours on Grosvenor St., in London, Ont. A narrow...
Homeowners should always get neighbours’ permission before taking down boundary trees
Bob Aaron bob@aaron.ca Pay heed to the judge’s ruling in this relevant case before removing a tree that grows on multiple properties Can a person be convicted of illegally removing a property-line tree when the City has issued a permit authorizing it? That was the...
Who pays when you slip and fall on someone else’s property?
Bob Aaron bob@aaron.ca A court ruled there is no statutory or common-law duty on property owners to clear snow and ice from public sidewalks. Winter in Toronto can bring the early morning sounds of neighbours’ shovels on driveways and sidewalks, and snowplows on...
Property buyers should be aware of real estate lawyers’ legal standards
Bob Aaron bob@aaron.ca Know what to expect from your lawyer and you can avoid troublesome legal claims A fact sheet published last month by LawPRO — the Lawyers’ Professional Indemnity Company — provides an interesting insight into the practice standards expected of...
Adding relative’s name on a property title can backfire
Bob Aaron bob@aaron.ca Judge ruled there was no oppressive conduct on parents’ part that would justify the daughter’s position that she did not want to sell the house. It’s not uncommon for relatives to add their names onto the title of a house to help the real owner...
Can property deed be registered after death to avoid probate fee?
Bob Aaron bob@aaron.ca ‘Zombie’ deeds have sparked a tricky legal debate. If a homeowner signs a deed to a house or other parcel of land during his or her lifetime, can it be registered after death to avoid the government’s 1.5 per cent probate fee? Many real estate...
City should scrap right-of-entry permits
Bob Aaron bob@aaron.ca With houses built so close together, permits to access neighbours’ space are too onerous. With so many Toronto homes built within a few feet — or even inches — of each other, it can be a problem when an owner needs access to their neighbour’s...
Government has no excuse for delaying consumer protection sections of new Condominium Act
Bob Aaron bob@aaron.ca There is no timetable for many key consumer protection amendments to the former condo act. With parts of the new Condominium Act coming into force on Nov. 1, prominent Toronto condominium lawyer Audrey Loeb has expressed concern over the...
Delayed action on consumer protection for homeowners a sad reflection on provincial government
Bob Aaron bob@aaron.ca Ontario consumers will have to wait until 2020 for more regulations governing home and condo deposits. The Ontario government acted with speed in imposing a new non-resident tax on real estate purchases. But when it comes to protecting consumer...
Condo corporations need to prepare plans to deal with marijuana use before it becomes a problem
Bob Aaron bob@aaron.ca Questions are being raised about whether landlords will be able to restrict cannabis in residential units. When marijuana becomes legal next summer, landlords, tenants and condominium owners can expect an increase in disputes related to both...
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