Real Estate Litigation Articles
Homeowners should never sign a Seller Property Information Statement
Bob Aaron bob@aaron.ca A recent B.C. court decision, which ruled in favour of a buyer who reneged on a home purchase after discovering it had been the site of a murder, serves as a warning against signing any non-required agreements. Is a purchaser entitled to back...
What do you do when your condo development has been destroyed by fire?
Bob Aaron bob@aaron.ca Decision to rebuild, or not, is up to the construction lender, not the builder. Dozens of purchasers in a Mississauga condominium project are awaiting news of further developments after the project was destroyed by fire earlier this month. But...
Court rejects elderly father’s bid to remove son from property title
Bob Aaron bob@aaron.ca Adding family as joint owners is easy to do, difficult and expensive to undo When a parent registers title to a home in joint names with a child, and the family relationship later breaks down, the results can be unhappy — and expensive — for all...
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...
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