Litigation

Real Estate Litigation

Real Estate Litigation

Vernon & Salmon Arm Real Estate Litigation Lawyers

While often exciting, real estate transactions can sometimes lead to unforeseen disputes. Whether you’re a homeowner, investor, or developer, understanding your legal rights and obligations is crucial to protect your interests. At CM Lawyers, our team of experienced real estate lawyers is dedicated to providing comprehensive legal services to help you navigate these complex issues.

Common Real Estate Disputes in B.C.

As a complex area of the law, real estate transactions can create a variety of legal, financial, and technical disputes. While not exhaustive, some common grounds for real estate litigation in B.C. are set out below.

Boundary Disputes

Boundary disputes are a common source of conflict between neighbouring property owners, occupiers, or third parties. Typical boundary disputes may involve:

  • Unclear property descriptions
  • Easements (e.g. roads, utility lines)
  • Encroachments (e.g. fences, trees, sheds)
  • Fence lines and maintenance

Contract Disputes

Real estate contracts are complex legal documents, and disagreements can arise over a variety of issues, such as:

  • Breach of contract (including a Contract of Purchase and Sale)
  • Specific performance (legally compelling a party to fulfill their contractual obligations)
  • Contingencies (e.g. financing/mortgage issues or property inspections)
  • Disclosure requirements and failures to disclose (e.g. undisclosed material defects)
  • Property condition issues
  • Title issues, including liens and encumbrances
  • Real estate agent commission disputes
  • Force majeure events (e.g. the impact of a natural disaster on contract performance)

Construction Disputes

While essential for growth and development, construction projects can also lead to disputes between contractors, subcontractors, and property owners. Common sources of construction litigation include:

  • Delays
  • Cost overruns
  • Construction or renovation defects, non-compliance with building codes and standards, structural defects, or safety issues
  • Construction agreement breaches
  • Payment schedules, including progress payments, lien claims, and holdbacks
  • Insurance claims
  • Property damage
  • Regulatory, zoning, and environmental compliance

Co-Ownership Disputes

Co-ownership of property is a complex legal relationship, with typical issues involving:

  • Division of costs, including property taxes, insurance, maintenance, repairs, and utility costs
  • Property management for jointly owned rental properties
  • Partition and sale applications
  • Use and enjoyment of co-owned property
  • Inheritance and estate planning

Experienced, Personalized Real Estate Litigation Services

At CM Lawyers, our real estate litigation team provide innovative, comprehensive legal solutions in property-related disputes. We are adept at a broad range of dispute resolution methods, including negotiation, mediation, arbitration, and litigation in court. We strive to resolve conflict and maintain personal and professional relationships while always protecting our clients’ interests in the event of litigation.

Our firm also incorporates cutting-edge technology to provide comprehensive real estate advice, including an expansive bank of property plans and knowledge of the Land Title and Survey Authority. We advise clients of all impacts of encumbrances on their land’s title and have a seasoned understanding of the remedies available to maximize their overall enjoyment and use of their property.

Contact CM Lawyers for Dependable Real Estate Litigation Services in Vernon & Salmon Arm

Real estate disputes can quickly escalate, turning a simple property transaction into a complex legal battle. At CM Lawyers, our seasoned real estate litigation team is equipped to handle a diverse range of real estate conflicts, from contract disputes and property damage claims to boundary disputes and eviction proceedings. We understand the intricacies of real estate law and the potential financial and emotional consequences of these disputes. Our approach combines strategic legal counsel with effective negotiation skills to achieve favourable outcomes for our clients. Whether you’re a homeowner, investor, or developer, we are committed to providing you with the highest level of legal representation.

With convenient locations in Vernon and Salmon Arm, CM Lawyers represents clients throughout the surrounding areas, including Northern Okanagan and Shuswap. To schedule a consultation, please call us in Vernon at (250) 308-0338 or Salmon Arm (250) 803-9171 or reach out online.