The goal of many Calgarians is to own a home in the city, but sometimes, the modern-day dream house turns into a real headache. All kinds of property disputes seem so tricky to deal with. As a result, you will find yourself lost and confused. Ugh, to be honest, who likes going through complex legal terms? However, don’t worry if you live in Calgary! The guide below will be of great benefit to you since you shall learn when to call in a Calgary real estate lawyer whenever you find yourself in a property dispute.
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Property Ownership Disputes
Imagine this: another day bright and full of sunshine, you are set to mow your lawn. However, to your astonishment, your neighbour’s cherished petunia blooms in your flowerbed. Ouch! Property boundary disputes are considered one of the most typical sources of dispute between neighbours. An ambiguous vision, inconsistent survey results, and even historical mistakes can lead to all kinds of turf wars. A real estate lawyer in Calgary can be your very own knight in shining armour. They cannot only research property records and surveys but also take up a fight against illegal ownership to protect your true ownership.
Property ownership disputes extend beyond backyard battles. Inherited a house from Aunt Mildred, but your greedy cousin contests the will? A real estate lawyer can ensure a fair outcome that respects your aunt’s wishes. Facing foreclosure? Don’t wait until the bank comes knocking! A lawyer can explore options like loan modifications, short sales, or even bankruptcy protection.
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Landlord-Tenant Troubles
Being a landlord is not as joyful as you might think. Handling tenants who leave you rent without the deposit money, and the security deposit vanishes, or your apartment looks like the demolition derby is not a laugh. According to a report from the Canadian Rental Housing Corporation in 2022, the number of landlords who experienced difficulties collecting rents alone was close to 15%.
A Calgary real estate lawyer can be your hidden winning card. They will write rigorous lease agreements which will definitely specify the responsibilities of tenants and yours as a landlord. Security deposit, maintenance obligations, and pet rules are included. In the event that things take a wrong turn, they can take the lead and even guide you through the eviction process if the situation demands to make sure it is done in accordance with all legal provisions.
And if the tenant leaves behind a trail of destruction, your lawyer can represent you in court to recoup damages. But what about situations beyond tenant woes? Keep reading to find out.
Also read: How to Calculate and Budget for Average Real Estate Lawyer Fees?
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Zoning and Land Use
Have you ever imagined putting up a deck that spans your whole yard so that you could grill through summer, and you learn your neighbourhood has a two-storey limit? Zoning and land-use complications could undoubtedly cool off your real estate ideas. Similar to other cities, Calgary has zoning regulations that divide the land into areas that allow for certain types of development only. For these regulations, the purpose is to sustain the character of neighbourhoods so that development will be predictable and orderly.
A real estate lawyer can help you navigate the permit maze by understanding the relevant zoning bylaws and procedures. They can also negotiate variances with the city if your dream deck doesn’t quite fit the mould but still meets safety and functionality standards. In some cases, they can help you apply for conditional use permits for unique projects that fall outside the typical zoning uses.
But zoning isn’t the only hurdle you might face. Let’s explore another potential roadblock to your property dreams.
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Real Estate Transactions
So you found your dream home, signed a mountain of paperwork, and thought that was it – smooth sailing! Unfortunately, real estate transactions can go awry. Did the seller fail to disclose a major foundation issue that could cost you thousands in repairs? Is the closing riddled with errors that could impact your ownership rights?
A real estate lawyer can be your umbrella. They will carefully go through and check each purchase agreement to make sure that every term is in your best interest at all times. Seller disclosure problems will involve fighting for compensation for the cost of repairs, or they will walk away from the deal if the problems are excessive. They will also make sure that relevant documents are in order at the closing and that the title is correctly transferred. Yet, housing worries are not only related to buying or selling a house. The next topic is a circumstance where an attorney in the real estate industry can play a significant role.
However, property woes can extend beyond buying and selling a home. Next, we’ll discuss another situation where a real estate lawyer can be invaluable.
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Eminent Domain and Condemnation
Eminent domain is a law concept through which the government can oblige you to sell your property for public use. However, they pay you for it. However, if the provided remuneration appears to be an insult, the employees will feel undervalued and resentful. Imagine the city picks your land as the best spot to put a new school, and the city comes to you saying your relocation expenses are covered by their offer.
A real estate lawyer can be your David against Goliath. They’ll challenge unfair valuations using comparable property appraisals and market data to ensure you receive fair compensation that reflects the true value of your land. Furthermore, if your remaining property loses value due to the severance of a portion by the government, your lawyer can fight for severance damages.
Eminent domain also comes with the right to relocation assistance. Your lawyer can ensure you receive the appropriate funds to help you relocate to a comparable property without financial hardship. However, not all property disputes involve the government. Let’s look at a common issue faced by many homeowners.
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Homeowners Association (HOA) Disputes
HOAs can be a double-edged sword. They preserve property values and create a sense of community, but, on the other side, they deprive you of aesthetic freedom. Consider for a moment the excitement of wanting to paint your house a cheerful lime green yet being stopped by stern HOA rules that limit colours to beige. A professional in real estate law can guide you through any HOA architectural review processes or help you fight unfair restrictions that may go against your ownership rights. They will do that by making sure that any HOA codes are sensible and adhere to local laws.
If you feel unfairly targeted by the HOA, they can advocate on your behalf and mediate a solution. HOA disputes go beyond aesthetics, though. Let’s say your HOA seems to be nickel and diming you with excessive assessments and fees or neglecting essential maintenance obligations. A real estate lawyer can ensure you’re not unfairly burdened by these costs and hold the HOA accountable for fulfilling their maintenance responsibilities as outlined in the association’s governing documents.
The Takeaway
Property disputes can be complex, emotionally charged battles. This guide is just a glimpse into the many situations where a Calgary real estate lawyer can be your champion. Remember, prevention is key! Consulting a lawyer during property transactions or even minor disagreements can help identify potential issues and prevent future headaches. So, don’t hesitate to seek legal advice – your peace of mind and property rights are worth it!
