Property Ownership Disputes

Property ownership disputes can be complex, emotional, and costly. Whether you are dealing with disagreements between family members, partners in an investment, or you co-own property with friends, disputes over property are common and can arise for various reasons. Whether it is a refusal to sell, arguments over the sharing of expenses, or the division of profits, understanding how to handle these disputes can save you time, money and frustration. 

First and foremost, the most effective way to reduce the risk of possible issues is to have a written agreement in place between property owners. Written agreements avoid the uncertainty associated with common disagreements between property owners and obtaining legal assistance in drafting an agreement can avoid a long, stressful and expensive litigation in court.  

A written agreement is even more crucial in situations where a beneficial owner of a property is not registered on Title as an owner. Such agreements hold accountable and help to ensure the owners on Title do not take any steps to disentitle or otherwise reduce the value of a property.

However, as a real estate lawyer, I have realized that most people do not take the protective step of entering into written agreements and often have oral agreements on property ownership. Naturally, human nature leads us to trust those we purchase or own property with. Most of us do not believe that family members, friends or business partners will breach or refuse to acknowledge agreements. Unfortunately, it is all too common for misunderstandings or expectations to lead to issues in owning property with others. 

While written agreements are an important safeguard, oral agreements are still valid and legally binding among property owners.  While they come with unique challengers, risks and considerations, we have extensive experience in enforcing such agreements in Court or otherwise resolving them outside of Court. Hiring a lawyer as soon as a dispute arises over property ownership is crucial to preserve or obtain the necessary evidence in support of your claim.

For those registered owners on Title of property, you also have statutory legal rights under the Partition of Property Act to force a sale or division of property. Often property owners disagree on whether to sell or perhaps when to sell a property. When a co-owner refuses to sell it can be frustrating and financially difficult for the owner that wants to sell. We have assisted many clients in this situation and either successfully resolved the matter through negotiation or obtained the necessary orders through the Court process. 

If you are considering owning property with others or if you are currently in a property ownership dispute, please contact us for a free 30 minute consultation to discuss your legal rights and the best way to move forward. Understanding the causes, consequences, and possible resolutions is key to navigating these conflicts effectively.