Friedman Estate Litigation has experience working with local and international businesses as well as individuals, purchasers, vendors, landlords, tenants, builders, contractors, agents and insurers with respect to a wide variety of real estate disputes and issues. Friedman Estate Litigation has experience and the necessary approach to provide efficient and results-oriented solutions when dealing with any real estate issue.
Breach of Contract
Friedman Estate Litigation has experience working with residential and commercial purchasers, vendors, landlords, tenants, real estate agents, and insurers with respect to a wide variety of real estate issues.
Our real estate dispute lawyers employ a business-minded approach to obtain efficient and cost-effective results for clients in connection with their real estate issue. We have specific expertise in handling aborted or defaulted transactions in the context of both residential and commercial real-estate.
If you have been involved in an aborted real estate transaction in Ontario, it is best to obtain the insights of an experienced real estate dispute lawyer to advise you of your rights. Contact Friedman Estate Litigation for a free 30 minute consultation regarding your breach of contract case.
Easements
An easement is a right to cross or otherwise use someone else's land for a specified purpose. There are generally and broadly three types of easements;
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Express grant – this is essentially a registered, legally binding, documented easement. This does not apply here based on our title search and as outlined above.
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Implied grant - the implied grant is a legal doctrine which provides that an easement will arise because it is necessary for the use and enjoyment of the property. Take for example a property owner who owns a lot and proceeds to sever it, but this time doesn’t register an easement for access and the severed lots is landlocked. There will be an implied easement for access, as access is necessary for the use and enjoyment of the land.
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Prescriptive Easement - A prescriptive easement arises when a right is enjoyed for 20 years without interruption or consent by the servient landowner.
There are several situations where issues surrounding easements can occur especially if the easement is not registered on title. The lawyers at Friedman Estate Litigation have experience litigating and negotiating issues involving easements. Contact us now for a free no obligation 30 minute consultation.
Vesting Orders
Vesting orders are powerful tools. In appropriate circumstances, they can be used to force the transfer of property against the will of an individual.
In other cases, they can be used to fill in the gap where a person with legal or beneficial title to property is unable to transfer title to a purchaser or another beneficiary.
Vesting orders can be employed in a variety of circumstances, ranging from civil cases to spousal support cases to receiverships and restructurings, and in the context of estates. Simply put, a vesting order is a court order that passes legal title in lieu of a legal conveyance. It is an equitable remedy, and is, therefore, by its nature, discretionary, and results from a finding by a court that fairness demands that the court act in a way to transfer property from one party to another. Typically, this occurs once the court has determined that one party is entitled to ownership of specific property, another party has legal or beneficial title to that property, and it is appropriate that title to the property be transferred to the entitled party by way of court order.
As vesting orders have their roots in the law of equity, the key to obtaining a vesting order lies in persuading the court that fairness and justice require the court to grant the order, or put another way, that the failure to grant a vesting order will not be sufficient to ensure a fair or just result.
The lawyers at Friedman Estate Litigation have experience in preparing and arguing all types of vesting order applications. Contact us now for a free no obligation 30 minute consultation.
Rectification of Title Issues
The parcel register of a property must reflect the current state of title at a moment in time, and therefore, must be correct at all times. The way in which ownership is reflected is based on what was input into the system by a lawyer migrating title or a lawyer revising the ownership or changing recorded interests.
In other words, the system only knows what we tell it. As lawyers we must review the Parcel Register and evaluate it. If there are mistakes, we must fix them.
If you are interested in selling a property, prior to contracting to sell the property you should ensure that title to the property is properly registered, that there are no registrations on title which will need to be removed prior to the completion of the sale and that title is in your name rather than a parent, estate or even a grandparent.
Certain registrations can only be removed with a Court Order.
Friedman Estate Litigation has the expertise and experience in rectifying title issues. Contact us now for a free, no obligation 30 minute consultation.
Mortgage Enforcement
The need for mortgage enforcement arises where the borrower (i.e. mortgagor- usually a homeowner, or owner of office, retail, other business space) is unable to make their mortgage payments, and therefore fails to comply with the agreed-upon terms in the mortgage contract with the lender (i.e. the mortgagee- generally a bank or private lender).
In Ontario, a mortgage lender has the right to take possession of a property if mortgage payments are not made using either the power of sale or foreclosure process. The two processes can result in very different outcomes for a homeowner, but many homeowners do not know the differences between these processes.
Appeals
When it comes to an appeal, you need a law firm that is passionate about the unique nature of appeals. This practice requires specialized knowledge and experience with the appeal process and the appellate courts.
The lawyers at Friedman Estate Litigation have represented a broad range of clients and argued a wide variety of appeals in Real-Estate Litigation matters at both the Divisional Court and the Court of Appeal. Our experience before the Court of Appeal is a definite advantage. Whether you won at trial and face an appeal or lost at trial and want to launch an appeal, we can help you determine the final outcome of your, or your client’s, case. Also, if you lost or won an interlocutory motion and need leave to appeal to the Divisional Court we are here to help. We also act for clients in Real-Estate Litigation matters who seek to appeal applications and motions, such as summary judgment motions.
We work directly with clients on our appeals and ensure our clients are involved, properly informed and understand the process and arguments which form part of the appeal. We also are very familiar with helping counsel deal with appeals for their clients. We are pleased to employ our expertise and experience as lead counsel or in a secondary or consulting role.
Certificates of Pending Litigation
Where a legal proceeding seeks to establish an interest in real estate, one of the risks for the plaintiff or applicant is that the land will be sold or further encumbered. A possible remedy for that concern is a Certificate of Pending Litigation (CPL). A CPL, if obtained, can then be registered on the title to the property. The registration serves as notice to all others that there is a pending claim by the plaintiff with respect to an interest in the land. This step makes it highly unlikely that any third party will purchase or lend money on the value of the property. It is important to remember that the notice to others provided by a CPL is not valid until registered on title. Further, registering a CPL without having a reasonable claim to an interest in land means potential exposure to any damages suffered by a person as a result of the registration. Friedman Estate Litigation is experienced in obtaining orders to register CPLs and in obtaining orders to discharge CPLs. If you have been served with a motion for a CPL, a statement of claim seeking a CPL or want to establish an interest in real-estate contact Friedman Estate Litigation now for a free 30 minute consultation.