Toronto Real Estate Law Blog

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.

Contracts, whether in a business, employment or service-related environment, should be taken very seriously. A contract lays out exactly what your expectations and responsibilities are in connection with an agreement, and too many people sign these documents without reading and understanding them fully. In doing so, you could agree to something you aren't prepared to handle or accept a service that doesn't meet your needs.

Today, we sign so many agreements because of digital media and computer services, and putting our name on a piece of paper or clicking a digital signature button seems like no big deal. It has, in fact, become a running joke that no one reads the Apple or the Facebook terms of service before agreeing. While you might get away with signing Apple's TOS without reading it, you simply can't do the same with legal contracts that deal with business agreements, home purchases or other major relationships.

When you buy a home, you probably don't plan on getting into a dispute over your real estate purchase. But reasons for a legal dispute can arise from surprising circumstances. When talking about real estate disputes, most Canadians likely think about disputes that might arise between buyers and sellers of property -- and those certainly do require appropriate legal actions to protect your interests. Sometimes, though, disputes come from nature itself.

One thing that can spark a surprising number of real estate disputes is a tree. The entire tree, or part of the tree, might fall from one person's property to another's, causing damage. A dispute might arise about who is responsible for the damage. A tree growing in one person's yard might infringe upon the yard of a neighbor, causing a dispute about whether the tree should be torn down. The tree might cause a problem with an entrance or exit to someone's property, or the tree's branches might become a nuisance against a building on a neighboring property. These all might seem like small concerns, but they can become larger legal issues if neighbors are unable to come to agreements.

A listing agreement is a written contract that is signed between the seller of a home and the company that is brokering the sale. Usually, the seller works with an agent, and the agent works for a brokerage firm. The listing agreement is between the seller and the firm.

The listing agreement is usually required before the brokerage and its agents can act on behalf of you to sell your property. The agreement gives them certain abilities to promote your property and find someone to buy it.