Real Estate Litigation: Resolving Property Disputes in St. Catharines

Real-Estate Litigation

Property is one of the most significant assets people will own during their lifetime, making it a common source of disputes in St. Catharines. It’s estimated that Ontario saw over 208,000 property sales in 2022 alone. In this blog, we’ll look at some of the most common causes of property disputes, how disputes are resolved, and the role of real estate lawyers in St. Catharine’s.

Common Property Disputes in St. Catharines

Some of the most common reasons for property disputes in St. Catharines arise out of:

  • Boundary disputes
  • Failures to disclose defects during sale
  • Breaches of contract
  • Tenancy-related disputes
  • Property division
  • Wills and estates
  • Environmental issues

Each of these disputes has the potential to drain your energy and resources if not handled appropriately. Working with experienced real estate lawyers near you is the most efficient way to resolve any matter.

How to Resolve Property Disputes Effectively

Depending on the nature and complexity of the property dispute, it may be resolved by means of:

  • Negotiation: The parties to the dispute and their lawyers work to resolve the dispute amicably by reaching a compromise. This is usually the fastest and most cost-efficient way of resolving disputes.
  • Mediation: If the parties are unable to reach an agreement by way of negotiation, the next step is mediation. Here, a mediator works to facilitate communication between the parties and helps them reach a mutually agreeable settlement. Mediations may or may not be legally binding.
  • Arbitration: If the contract between the parties allows, the matter can be decided at arbitration. Arbitration is usually required under commercial contracts, and the decision is final and enforceable by law.
  • Litigation: If the parties are unable to settle the matter, it will go before the courts. A judge will hear all arguments and see all evidence from both parties and pronounce a legally binding decision. If you are not satisfied with the decision, you may have the option to appeal it to a higher court.
  • Land Tribunal: Certain matters, such as land use planning, environmental protection, and heritage property, are adjudicated by the land tribunal instead of the court.

Role of a Real Estate Attorney

Ontario’s laws and civil procedure rules are complex, so it’s easy to get caught in the complexity of legislation. That’s where seasoned real estate lawyers near you can help; they can help you resolve the matter quickly and efficiently.

Your real estate attorney will assert your rights and protect your interests in negotiations and mediation, as well as before appropriate tribunals and courts.

Work with Top-Notch Real Estate Lawyers in St. Catharines

For over 140 years, Lancaster Chown & Welch LLP has been at the forefront of property law. Our team is known as trusted advisors and representatives for individuals, developers, and REITs alike. Talk to us about your concerns to learn about your options, and we will start devising effective strategies to resolve your dispute.