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Civil Litigation

Property Disputes

Deals that fall apart, deposits in dispute, and disagreements between co-owners or neighbours.

Most property disputes come from one of a few places: a buyer or seller who cannot or will not complete, a deposit both sides claim, co-owners who no longer agree on what to do with a property, or a boundary, easement or lien that surfaces at the worst moment.

These matters sit between our real estate and civil litigation work, and we handle them from the same file: first by working out what the contract and the title actually say, then by pushing for a practical resolution before the costs outgrow what is at stake.

What we help with

  • Failed completions and claims for damages
  • Deposit disputes after a collapsed sale
  • Co-ownership disagreements, including applications to force a sale
  • Boundary, easement and right of way disputes
  • Builders liens and construction holdback issues
  • Non-disclosure and defect claims after a purchase

How it usually works

  1. 01

    Read the contract and the title

    Nearly every property dispute is decided by the contract terms, the registered charges and the correspondence between the parties.

  2. 02

    Weigh cost against value

    We tell you what the claim is realistically worth, what pursuing or defending it would cost, and whether the other side could pay.

  3. 03

    Resolve or litigate

    A clear demand letter settles many disputes. Where it does not, we file in the right forum and keep looking for settlement as the case proceeds.

Related services

Questions

Common questions about property disputes

The buyer walked away. Can I keep the deposit?

Sometimes, but not automatically. It depends on the contract terms, whether the buyer’s conditions had been removed, and what loss you actually suffered. A deposit held in trust is generally not released until both parties agree or a court decides.

I own a property with someone who refuses to sell. What can I do?

A co-owner can apply to court for an order to sell the property and divide the proceeds. Courts usually grant these applications, though the accounting between owners can be contested.

Book a consultation

Tell us what has happened. We will tell you where you stand.

The first consultation is free, at our Surrey office. Evenings and Saturdays by appointment.

Call 604-712-4477
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