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Common real estate disputes after you buy property

Last week, we discussed some steps you might take if you find yourself involved in a commercial real estate dispute. But what if your dispute is related to your residence -- and has nothing to do with the buying and selling of property? Some of the most common real estate disputes arise between neighbors.

One of the most common disputes that comes up between neighbors has to do with noise. You paid good money to buy a home in what you believed would be an enjoyable neighborhood, and having that enjoyment ruined by late-night parties or other loud activities can be devastating to your lifestyle. Likewise, if you purchased property in an especially quiet neighborhood, you still have the right to regular activities during the daytime, which might make some noise. Whatever side of a noise dispute you are on, you have legal rights and an options for protecting your interests.

Other common disputes between neighbors include arguments over the placements of fences, hedges and trees, issues regarding pets, disputes over the cleanliness of yards and homes and issues of trespassing. If a neighbor is piling up garbage on or around one's lawn or is simply failing to keep his or her home well maintained, you might have the ability to bring legal action. This is especially true if you purchased a home in a neighborhood with a set of regulatory rules or a homeowner's governing body.

In other situations, your rights and options depend on the situation and the laws of the province and location. You can't simply go about cutting down trees you don't like, for example, but you might get an order that a tree has to be removed if it infringes upon your property or causes safety issues. Working with a lawyer helps you understand where you have a legal case in any type of dispute.

Source: FindLaw Canada, "What are common neighbour disputes?," accessed Jan. 08, 2016

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Yigal Rifkind, Barrister & Solicitor Attorney

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