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I. Partition Abuse and the Problem of Declining Intergenerational Wealth Unfortunately, a far too common scenario occurs where the family home passes to the children where the parents decease intestate (meaning, mom or dad did not have a will, trust, or any other estate plan providing for the disposition of the home) and the home…

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Would-be Calgary Landlord Builds Legally-Approved Secondary Suite but Gets Stifled by Restrictive Covenant on Title for Neighbourhood’s Single-Family Dwellings. And now for the main event! This Real Estate Regulation League title fight is scheduled for five rounds in the heavyweight division. At stake is the Secondary Suite Championship Belt! The reigning, defending, undisputed champion, Restrictive…

Read More “Restrictive Covenants vs. City Bylaws – Investor Lawyer” »

An Energy Performance Certificate or EPC has been a legal requirement for both domestic properties and commercial premises since 2008. EPCs result from an assessment of a building for its energy efficiency. Buildings are graded according to how energy-efficient they are. EPCs are well known in the domestic housing market, but many people are unaware…

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In quiet title actions a common defense is the statute of limitations – has the plaintiff waited too long to file suit? Generally, the clock does not run while the defendant is in “undisturbed possession.” But what that means is often disputed in these cases, and there are no bright line rules. In a recent…

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At the end of each residential tenancy in California, landlords are required to perform a checklist of tasks to comply with the law. These tasks can be intimidating and are riddled with pitfalls that could result in further involvement with your tenant, including potential dispute. In this article, we will go over some of the…

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Seems like I’m always finding examples to write about regarding real property reports (RPR) and how they fit into a real estate transaction in Alberta. Land surveys, as RPRs are also known, should be simpler than they are. The standard AREA/MLS contract says that the seller will provide an RPR showing current improvements on the…

Read More “Should a Buyer Accept Title Insurance in Lieu of a Real Property Report and Compliance? – Investor Lawyer” »

Most leases are for a confirmed number of years (or sometimes months).  The agreed-upon duration of the contract is known as the ‘term’ of the lease.  One inevitable question for landlords and tenants is what happens when the term expires or ends.  What are the available options? Depending on whether a commercial lease is protected…

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Under California real estate law a prescriptive easement requires the trespasser showing that they have used the property “for the statutory period of five years, which use has been (1) open and notorious; (2) continuous and uninterrupted; (3) hostile to the true owner; and (4) under claim of right.” The way a property owner cuts…

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While most landlords and tenants enjoy a peaceful and cordial relationship, there are times wherein disputes arise. This causes stress on both sides, as well as the potential for litigation, spending of resources, and a huge time commitment. In this article I will go over the most common disputes we see come through our firm…

Read More “Habitability Disputes and How to Avoid Them” »