Buying, selling, or leasing property can be an exciting venture—but it’s not without its challenges. Disputes in real estate can quickly escalate into complex legal battles, especially when contracts are broken, boundaries are blurred, or unexpected issues arise with ownership. An Edmonton civil litigation lawyer can be essential in resolving these disputes and protecting your rights throughout the process. Read on for some of the most common real estate disputes that often require professional legal intervention.
Breach of Contract
Contracts are central to all real estate transactions. Whether it’s a purchase agreement, lease contract, or development deal, parties must fulfill the terms outlined in the document. Common breaches include failing to close a sale, not making required repairs, or violating lease terms. When one party fails to perform as agreed, it can result in financial loss or property complications for the other. Civil litigation is often necessary to enforce the terms or seek compensation.
Property Boundary Disputes
Disagreements over property lines are more common than most people think. These disputes often arise when one owner builds a fence, garage, or other structure that encroaches on a neighboring property. Even long standing assumptions about property limits can be challenged with new surveys. Resolving such issues may require a formal court ruling to establish legal boundaries and address damages or the removal of structures.
Title and Ownership Issues
Disputes involving unclear or contested ownership of property can become extremely complicated. These may include problems with inheritance, forgery, or previous sales that were improperly documented. Title disputes may also emerge when multiple parties claim rights to a property. In such cases, court intervention is usually required to quiet the title, confirm ownership, or resolve claims.
Failure to Disclose Defects
Sellers are required to disclose known defects in a property during a transaction. If a buyer later discovers issues that were concealed or misrepresented, such as mold, foundation cracks, or water damage, a legal claim may be filed. These cases can involve proving that the seller knew about the defect and intentionally withheld information, which typically requires the guidance of an experienced litigator.
Landlord and Tenant Conflicts
In rental situations, landlords and tenants frequently clash over issues such as unpaid rent, security deposits, property maintenance, or eviction procedures. While some of these matters can be resolved through provincial tenancy boards, others escalate into civil lawsuits, especially if large sums of money or damages are involved. A lawyer can help ensure legal procedures are followed and both parties’ rights are upheld.
Specific Performance and Injunctions
In cases where monetary compensation isn’t enough, a party may seek specific performance to compel the completion of a sale or lease as originally agreed. Alternatively, they might request an injunction to stop someone from taking harmful action against the property, such as demolishing a structure or proceeding with unauthorized construction. These legal remedies are only available through the courts.
Conclusion
Real estate transactions can be fraught with complications, and when disputes arise, they can jeopardize major investments and long-term plans. From contract violations to boundary disagreements and title challenges, these conflicts demand a skilled legal response. Enlisting the help of a civil litigation lawyer ensures that your rights are protected, your interests are represented, and your property remains secure.
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