At Hummingbird Lawyers LLP, by having both real estate and litigation departments, we are able to combine forces to provide a focused practice area of real property litigation. Whether it is a failed residential real estate transaction, a commercial lease dispute, or even an issue over property boundary lines or rights of easement, Hummingbird can help.
We work with you to ensure the best possible outcome for your matter, whether that involves alternative dispute resolution or litigation. Your rights should be taken seriously and never be compromised. We invite you to read on to learn more about our real estate and real property litigation services.
- Residential Real Estate Litigation
- We Represent Home Buyers And Sellers
- Rising Interest Rates And Failed Closings
- We Represent Builders
- Property And Boundary Disputes
- Commercial Lease Dispute And Litigation
Residential Real Estate Litigation
We Represent Home Buyers and Sellers
The Hummingbird litigation lawyers are experienced in representing both sellers and purchasers in failed residential real estate transactions and issues involving hidden defects in home purchases.
We are here to help you every step of the way to minimize your stress, anxiety and costs. If you find yourself involved in a breached real estate contract, our team can help you. We will help you understand your rights and obligations, and take the time to go over possible legal strategies with you to determine the best course of action based upon your personal circumstances. We work alongside you and guide you to help recover or minimize your losses.
Rising Interest Rates and Failed Closings
We are seeing rising interest rates and our current economic climate is being challenged in new and uncertain ways. Consequently, many experts are forecasting a recession which will likely result in an increased rate of failed residential real estate deals. We are already seeing an increase in mortgage rates and as a result, we believe this will make it more difficult for homebuyers and homeowners to refinance their existing properties.
Agreements of Purchase and Sale that cannot be fulfilled are most commonly a result of the buyer being unable to secure mortgage financing. At Hummingbird Lawyers LLP we understand the stress that comes with failed transactions, and our team will work diligently and expeditiously to get your matter resolved as quickly and efficiently as possible.
We Represent Builders
At Hummingbird Lawyers LLP, our firm is unique in that we represent large builders in this type of litigation. Due to the volume of this type of work, our institutional clients enjoy the quality legal services that we provide at a very competitive bulk rate. This program is available to ensure maximum recovery with minimum expenditures. If you’re a large builder and you’re not getting the benefit of legal advice at competitive pricing, you may want to consider contacting us to learn more about our program. With experts warning of a recession looming, the last thing you want is to be stuck with excess inventory that can’t close due to financing.
We offer a free consultation to builders in order to assist, advise and guide them through this process. We make sure that they are on the right side of their efforts to mitigate damages and successfully collect compensation for damages/losses from the defaulting purchaser.
Property and Boundary Disputes
Encroachments
When a building is constructed on another owner’s property, it is considered an encroachment. Fences, garage expansions, storage sheds, and other structures are examples of common encroachments. When dealing with a cottage property, common encroachment issues may include but not be limited to pump houses, boathouses, guest homes and gazebos.
Encroachments can lead to disputes and tension between neighbours, making it challenging to sell your home. Encroachment issues can be difficult to resolve, which is why you should always seek legal advice on how to best resolve and deal with an encroachment matter.
Adverse Possession
Section 32 of the Land Titles Act, has resulted in the majority of lands in Ontario being converted from the Registry System to the Land Titles system. Properties that remain in the Registry system are still open to claims of adverse possession (more colloquially referred to as Squatter’s rights).
However, just because one’s land has been converted to Land Titles, does not necessarily mean it is exempt from an adverse possession claim.
If a landowner can prove various elements, including that they or the previous owners have had unchallenged access and exclusive control of the property for 10 years prior to the date of conversion, a claim for adverse possession may still arise. Contact our litigation team for assistance with these types of claims, as they can be very complex. Seeking the proper legal advice is your best chance at a favourable outcome.
Easement Disputes
Property easement disputes occur when people do not understand or respect the rights granted in one person’s property to another. Further, easement disputes may arise between neighboring properties over the use of the easement. If you are the owner of a dominant tenement with easement rights that are being denied, or you are the owner of a servient tenement property where an easement is being claimed or abused, you should seek the proper legal advice as soon as possible. Our litigation team is here to help.
Property Line Disputes
In Ontario, a property owner is entitled to build a fence or place hedges or plants anywhere on their side of the property line. The property line refers to the dividing line between two properties. If the owner on the other side of the property line agrees, the fence, hedge etc. may be built or placed on the property line.
When you find yourself in a property or boundary dispute that simply cannot be resolved on your own, our litigation team is here to help. Contact us with any questions you may have regarding property and boundary disputes.
Commercial Lease Dispute and Litigation
Commercial lease disputes are quite common and the civil litigation team at Hummingbird Lawyers LLP are knowledgeable and skilled in this area of litigation. The fact that we represent clients who are both commercial tenants and landlords gives us a competitive edge that many firms do not have. We are able to look at the case from both sides and make strategic decisions based on unique circumstances.
Tenants
Commercial tenants have specific legal obligations. For example, tenants must pay their rent in full, at the time that it is due. Tenants do not have the right to withhold rent based on their belief that the landlord has not fulfilled their obligations as set out in the lease agreement. Withholding rent is not the answer; there are other, more favorable options. As a tenant, you are much better off speaking with a lawyer who specializes in this area to obtain the proper legal advice. You don’t want to run the risk of jeopardizing your tenancy or claim by engaging in “self-help” remedies.
Landlords
Landlords too, have legal obligations and legal rights pursuant to the Commercial Tenancies Act. In Ontario, commercial landlords have a duty to maintain the structural integrity of the property. This includes ensuring that roofs, windows, foundations, and interior, and exterior walls are in safe and satisfactory condition. Landlords hold the right to evict a commercial tenant if they are defaulting on the terms and conditions of the lease agreement, but this can be a complex matter. The wording used in the agreement is important, as with any agreement. The specific wording that that landlord uses when dealing with a defaulting tenant can be the difference between whether they are able to make a claim or not.
It is always best to consult with a lawyer to understand your rights. At Hummingbird Lawyers LLP, we can assist you by assessing your available rights and remedies and we can help you take whatever steps are required to deal with a defaulting tenant. When you work with us, we provide you with the best practices to evict a commercial tenant if necessary and advise you how to avoid such drastic measures if possible.
Mortgage Enforcement
Mortgages have long been a staple of our contemporary economy. For lenders, they want to ensure that their loan get repaid. Without the ability to properly enforce on a defaulting mortgage, they would be feckless as a financial tool. Mortgage enforcement is a type of real estate legislation that ensures that a mortgage contract’s conditions are abided by.
Private mortgage lenders continue to be a popular option for those homeowners who may not qualify for a mortgage with a bank or mortgage institution. Private lenders continue to play a significant role in Canada’s housing market.
There are several options available for a private lender who has provided a mortgage that is now in default. To recoup your funds, it is important to speak with a lawyer who specializes in mortgage enforcement to ensure that your loan is protected.
Mortgage enforcement becomes relevant when a mortgagor (borrower) fails to comply with agreed-upon terms in a contract with a mortgagee (lender). There are many provisions surrounding enforcement that are in place to ensure that the lender’s rights are protected in the event of a default.
At Hummingbird Lawyers LLP, we help to ensure that you recover monies that have been lent to mortgagors and can take all the steps necessary to do so, including the power of sale.
