Frequently Asked Questions
Real Estate Litigation
What should I do first if I believe there is a legal issue with my property?
Document everything (photos, dates, communications). Get copies of title or ownership documents. Seek expert reports (surveyors, architects) if needed. Consult a litigation lawyer early to understand your rights, potential costs, and best strategy.
What are the legal costs involved in real estate litigation?
Costs depend on factors like: how many parties are involved; whether expert reports are needed (e.g. surveyor, engineer); number of court motions; discovery and document handling. ME Law provides estimates up front and explores cost-effective routes where possible (e.g. mediation before trial)
How long does a real estate litigation case take in Ontario?
Timeframes vary depending on issue complexity, whether parties cooperate, and court scheduling. Simple disputes might resolve in months via negotiation or mediation; more complicated cases (with expert evidence, multiple parties, or appeals) may take a year or more.
Can real estate disputes be settled outside court?
Yes. Many parties prefer mediation, arbitration, or negotiation. These methods tend to be faster, less formal, and less costly. However, if the dispute is serious (e.g. ownership rights threatened, large financial stakes), litigation may be necessary.
Can I recover legal costs if I win a real estate dispute?
Potentially, yes. If the court rules in your favour, it may award costs (legal fees, expert fees) to the successful party. However, cost awards are discretionary and depend on the case specifics, conduct of parties, and whether the litigation was reasonable
What qualifies as a real estate litigation case?
Real estate litigation covers legal disputes involving property ownership, boundary issues, lease disagreements, easements, zoning or bylaw violations, construction defects, title disputes, and similar property-related conflicts. If there’s a legal right or ownership in question (or being challenged), it likely falls under real estate litigation.
How do boundary disputes work, and when should I take legal action?
Boundary disputes arise when neighbours disagree about property lines, fences or encroachments. You should consider legal action when negotiations fail, evidence shows encroachment, or when the dispute affects use, value, or ownership. Early evidence (surveys, title documents) is key
What evidence is needed in a title or ownership dispute?
Useful evidence includes deeds/title records, past surveys, property tax assessments, witness statements, plans or maps, communications showing rights of access or past usage, and possibly expert surveyor reports.
What are easements and how can disputes over easements be resolved?
An easement grants someone else the right to use or access part of your property (e.g. driveway, pathway). Disputes can arise when access is blocked, overused, or changed. Resolution often involves reviewing the deed, usage history, and seeking legal orders to enforce or limit the easement rights.
What documents will I need to start a real estate litigation claim?
Key documents include: property deed / title; survey reports; all contracts or agreements; any communications (emails, letters) relating to the dispute; photos or maps; expert opinions (if you have them); lease agreements (for lease disputes).
What is the statute of limitations for real estate legal actions in Ontario?
Most civil property claims must be filed within two years from when you knew or ought to have known about the issue. Some specific types of actions (e.g. claims under certain landlord/tenant statutes) may have shorter periods.
What happens if a neighbouring property encroaches on mine permanently?
Legal options include seeking compensation, removing the encroachment, or applying for a court order for an injunction. Sometimes adverse possession or boundary by estoppel arguments might arise, but those require specific evidence and legal standards.
How do bylaw or zoning violations affect property litigation?
Zoning or bylaw issues can block intended use of property, result in fines, or force modifications. In litigation, you may challenge decisions, seek variances, or obtain remedies. These disputes often involve municipal law, so timing and documentation are especially important.
What is the role of an injunction in a real estate dispute?
An injunction is a court order that restrains a party from doing something (e.g. building over boundary, blocking access). It can be essential to prevent irreversible harm while a case is ongoing.
Can real estate litigation affect financing or sale of a property?
Yes. Unresolved legal disputes can hamper mortgage approvals, title insurance, or sales. Buyers or banks often require clean title and no ongoing disputes. Acting early helps avoid those problems.
What we do
Our Services
Let us solve your legal issue
- intake@melaw.ca
- (416) 923-0003
Years
Experience
Successful
Cases
Main Areas of
Specialization
Dedication to
Your Case
Reach out to us today
- We will review your case
- Evaluate your options
- Provide tailored solutions
- Develop a strategic plan
- Protect your business interests