Land ownership disputes on real estate property occur in any region of the lower Mainland of British Columbia. Disputes can arise when two or more parties claim ownership of a particular property. In Vancouver, land ownership disputes can be particularly contentious due to the high value of real estate in the area. Arsen Krekovic, a lawyer at Hoogbruin & Company, advises that being represented by counsel experienced in real estate litigation law is recommended. Disputes can be costly and time-consuming to resolve, often requiring court intervention.
You may have heard reasons for disputes being due to discrepancies in title or deed, boundary disputes, or competing legal claims. These may be the result of multiple versions of the property’s title existing or an incorrect transfer of title. Let’s look a little closer at specific possible disputes in real estate.
4 Most common disputes over land ownership in Vancouver, BC
- Boundary disputes: Boundary disputes occur when there is a disagreement over the location of a property’s boundary lines. This can happen if there is confusion over where the property ends or if a neighbor has encroached on the property.
- Easement disputes: Easement disputes occur when there is a disagreement over the right to use a particular portion of a property. This may happen if a neighbor claims a right of way across the property or if there is a dispute over the use of a shared driveway or access road.
- Use Disputes: Disagreements over how a property can be used, for example, when there are zoning restrictions or neighborhood covenants that limit the type of activities that can be carried out on the property.
- Damage Disputes: Disputes over damages that occur to a property, for example, when a neighbor’s tree falls and damages a property or when construction work causes damage to neighboring properties.
2 More disputes you may encounter over real estate property ownership in Vancouver, BC
- Squatter disputes: Squatter disputes occur when someone occupies a property without legal permission or ownership. This may happen if a tenant refuses to leave after their lease has expired, or if someone moves into an abandoned property. A dispute variation of this may occur over adverse possession – this is when one party has been using the property for an extended period of time without the owner’s permission, and claims that they should have legal ownership of the property.
- Fraudulent claims: Fraudulent claims occur when someone makes false or misleading statements in order to claim ownership of a property. This may happen if someone forges documents or misrepresents their right to a property.
To avoid land ownership disputes, it is important to ensure that all legal documents are accurate and up-to-date. This can include obtaining a survey of the property, reviewing the title and deed, and consulting with legal professionals when necessary. (See Arsen Krekovic’s reminder about paperwork in this blog post)
These disputes can involve various parties, including neighbors, municipal authorities, landlords, tenants, and other stakeholders. Resolving these disputes often requires legal intervention and can involve complex negotiations and legal proceedings
Seek legal advice and representation from an experienced real estate litigation lawyer