I need the name of a good lawyer Sudbury area

[Big Cliff]

How bout this view.

 

The kids bought the place looking towards the neighbor and figuring that their property ended just before his place. they were happy with that much land and bought the place. Now they find that their land may go past where they thought. Why get all upset about it. Find out the real deal, possibly get some compensation from the guy, have the taxes adjusted and be happy with their pretty little farm. Possibly having the neighbor under the gun and giving him an out would make him be a bit nicer too.

 

I don't know the details but this is just a thought on it.

 

You are very right, and to be honest with you until the neighbour started trying to cause them all kinds of problems "stopping them from going on land they thought was theirs" (we won't go into all the details) and just started being a jerk in general, the kids wouldn't have cared a bit. Live and let live! Right now, they aren't out to sue anyone, they just want things straightened out properly. They bought a piece of property in good faith. Turns out that the neighbour that tried to give them a hard time built his house on their property. All they want to do is find out what their legal rights are and get this mess resolved. They paid for 90 acres of land, they pay their taxes on 90 acres of land, I think it is only fair that they should be allowed to use their 90 acres of land.

 

 

 

 

With regard to turning this into something nasty and sueing everyone and their brother, forget it, we aren't that kind of people. If the neighbour is at fault here the only thing the kids want is a fair resoulation. They are not ready to run a bulldozer through his house, they have no desire to burn it to the ground, but if they are entitled to some compensation, then that is all they would like, that and the neighbour to back off and let them live their lives in peace.

[SlowPoke]

How bout this view.

 

The kids bought the place looking towards the neighbor and figuring that their property ended just before his place. they were happy with that much land and bought the place. Now they find that their land may go past where they thought. Why get all upset about it.

 

I see your point but; if for example they had purchased a 200x400 property and lost 30' to the neighbour, you might not notice that by eye and up being out a substantial amount of property. Or, they may have assumed they owned an equal portion of property opposite to the encroachment belonging to the other neighbour.

[Twocoda]

seriously ...if the neighbour built his house on their land ...hand him an eviction notice...

 

i honestly dont see how this could possibly happen if it is a new build..permits would have to been approved by the municipality for the build..placing the proposed house on a survey of the land...

 

if he had a permit for it ...then chances are its his land based on the survey and house placement...if he encroached too close to his property line ...he will have to get a variance...1200 $ and a municipal meeting ....this is where the kids get to go and contest the issue...regardess its goiing to cost him 1200 for the variance

 

 

if he just went and built it without a permit ( highly unlikely)...hand him an eviction notice...your land ...your building...and inform him its alot cheaper to walkaway then deal with the fines he is about to get

 

if he tries to subdivide the piece of property to accomadate his variance ...have him pay for the entire subdivision...4 lots per acre times 90 ....sell em off and buy something elsewhere mortgage free and hassle free

 

if the issue is a couple of feet of his house on their property... use the exact property line to offset your new garage/woodworking shop with a drum kit in it and a dust collector blowing in his direction...

 

dont forget to collect the monthly rent from him...if he doesnt pay EVICT

[BillM]

It will be interesting to see if the neighbour had premits to build where he did..

[irishfield]

I'm picturing it as an older structure and wouldn't doubt if they did have permits at time of build.

 

I didn't have to prove to anyone that I was indeed building on my own acreage, in 1995, and nothing is different today in our local planning department. You take a sketch in of your property and where the house it going to be located in relation to property lines. No one comes and verifies the location... and you don't need an official survey.

 

My old house.. I even built my garage extension within 37 " of the property line (3' minimum in the planning act at the time).. no one from the municipality insured I wasn't encroaching on my neighbours property.. or demanded a survey to insure it's location was correct.

Edited June 6, 2010 by irishfield

[BillM]

Wayne, that's because by the time anyone gets to the house you've had a lock on them for a good 15 seconds with the rifle

 

[irishfield]

LMAO !

[Chris]

if he tries to subdivide the piece of property to accomadate his variance ...have him pay for the entire subdivision...4 lots per acre times 90 ....sell em off and buy something elsewhere mortgage free and hassle free

 

Don't know about your area, but these days in eastern Ontario it's almost impossible to severe farm land.

 

Good luck to your kids Big Cliff and thanks for the continued info on the topic John F.

[Billy Bob]

Wayne, that's because by the time anyone gets to the house you've had a lock on them for a good 15 seconds with the rifle

 

 

if by the time anyone gets to the house you've had a lock on them for a good 15 seconds with the rifle, YOU COULD BE A RED NECK....

 

Thought this thread could use some humor...

 

Hope everything works out well for all parties involved.

 

Bob

[DRIFTER_016]

if by the time anyone gets to the house you've had a lock on them for a good 15 seconds with the rifle, YOU COULD BE A RED NECK....

 

Thought this thread could use some humor...

 

Hope everything works out well for all parties involved.

 

Bob

 

 

To the guy who builds his house on someone elses land and is a jerk to the new owners.....................................Here's your sign!!!!

[JohnF]

It may very well be different in Canada but here in the states the real estate agent legally represents the SELLER of the property even though you may of hand pick someone to help find you a home...after all the SELLER pays the commission to the agent not the buyer...again it may be different up north......but many here think just the opposite.

 

My apologies to all of you, and particularly Cliff if I appear to be hijacking this thread. I'm actually also working to help Cliff out behind the scenes, at least to the extent I can. But what a thread like this does is allow me to help make a few consumers better informed on the real estate business, and for the cynics that's not to brainwash you into dealing only with Realtors but rather so you can make an informed decision on whether or not you should commit yourself to some aspect of a real estate deal without getting professional advice and/or assistance. Lots of folks are perfectly able to get through it without a Realtor's help but other times peculiar little twists and turns arise that may well come back and bite you in the ass down the road. Most of us in the business have enough loyal clientel that we aren't hurt by the occasional person taking a flyer and dealing privately. Or they get stung just enough that they tell all their friends that they'll never do it solo again. The toughest part for us is when we find ourselves listing the private sale property for the private buyer at a later date and have to explain to the buyer turned seller about the problems they inherited that could have been headed off by dealing with professionals from the outset.

 

It's just like fixing your own car engine, or cutting out your own ingrown toenails, or putting your own roof on your house. Lots of folks can do it without hiring a pro but will the amateur work come back to bite them in the ass later?

 

I could on and on (and seem to have) about this but I'll stop now because this is a fishing site not a real estate site.

 

But one last thing BB. And this is a good example of how the average consumer is misinformed about real estate in our world. Read this site

http://www.dos.state.ny.us/lcns/realestate/1736.htm

and with the exception of what appears to be some kind of limited agency and sub-agency definitions in there it sounds to me that in NY the rules are essentially the same as here in Ontario. You have buyer agency, seller agency and dual agency with the same fiduciary dutires and exceptions to service in dual agency. We just have somewhat different names for it here.

 

JF

[Billy Bob]

John, my God, you have done some homework here, there and everywhere......and without saying I am confident that everyone here appreciates your efforts.

 

I didn't have to read beyond this statement in the Sellers Agent section: "A seller’s agent does not represent the interests of the buyer"as this is what I was referring to previously....

 

I only purchased 2 properties and sold one in my experiences but I will have to say that "HERE" I had bad experiences with PART TIME Real Estate Agents...I felt I did much more work then they did and yet they collected commission$ because of my efforts....but that's another story in itself......what's important here is that Cliff's children problems are resolved and that heavy burden on their shoulders are lift...But I have a feeling you have the situation under control and they are already sleeping better since you have gotten involved...God Bless You.

 

Bob

[JohnF]

John, my God, you have done some homework here, there and everywhere......and without saying I am confident that everyone here appreciates your efforts.

 

I didn't have to read beyond this statement in the Sellers Agent section: "A seller’s agent does not represent the interests of the buyer"as this is what I was referring to previously....

 

I only purchased 2 properties and sold one in my experiences but I will have to say that "HERE" I had bad experiences with PART TIME Real Estate Agents...I felt I did much more work then they did and yet they collected commission$ because of my efforts....but that's another story in itself......what's important here is that Cliff's children problems are resolved and that heavy burden on their shoulders are lift...But I have a feeling you have the situation under control and they are already sleeping better since you have gotten involved...God Bless You.

 

Bob

 

Thanks BB but the situation with the kids is not mine to control. I'm just trying to help out a little by getting them on the right track (cuz I know Cliff would do the same thing if he could). The real solution will probably be handled by a good lawyer. All I was doing with that example to you was putting on a little dog and pony show. Sometimes we gotta prove what we can do before folks start to trust us and that's not just about real estate trading.

 

Just for fun here's another cheap parlour trick - one of us here has a property comprising about 17.58 acres that sits on a point on the north shore of a lake about 5 kms west (slightly south) of the nearest town. I could post how much was paid for it but it's kinda involved with two different parcels apparently purchased on the same day. The deed refers to a forfeiture of mining rights which I suspect is fairly common for the area. Guess who. Of course I won't say who it is even if you get it right.

 

JF

[irishfield]

When you see that up North John it's usually the Minister of Northern Developement Mines forfeiting their rights.. giving the owner full use of the property.

[JohnF]

When you see that up North John it's usually the Minister of Northern Developement Mines forfeiting their rights.. giving the owner full use of the property.

 

 

Something I guess I'll have to learn if they want me to teach courses up north. And that being siad mebbe I should drop some hints for an assignment up north (in the summer).

 

JF

[fish_fishburn]

Hi John. I found metes and bounds quit interesting in phase II. I was a surveyor for eight years back in the 80's. I worked on large engineering projects like building hiways through the rockies and doing bridge work and working in quarries and large gravel pits. I had never had any experience in property surveys as I was always led to believe there was no money in it. I had to read it (metes and bounds) a few times before I understood it and can see how frustrating it would be to someone without any surveying background. I think I will buy a metal detector and a 100ft cloth tape to add to my tools of the trade, so I can verify myself if there is any doubt.

[fish_fishburn]

As far a building permits go. When I built my double garage (28X32) on my property I applied for a building permit and the first inspection before I could even pour the slab was to have the placement verified by the building inspector. He came with his tape and measured my setbacks to make sure they were in accordance with the by-laws. He also made sure my slab was above the centerline grade of the street before giving me the green light to proceed. This really makes me scratch my head and wonder how this mess could of happened six years ago if the building inspector would of did his job.Maybe a minor variance was granted and the paperwork was lost or misplaced,who knows? Not a situation I would want to be involved in, REALTOR or land owner.

[JohnF]

As far a building permits go. When I built my double garage (28X32) on my property I applied for a building permit and the first inspection before I could even pour the slab was to have the placement verified by the building inspector. He came with his tape and measured my setbacks to make sure they were in accordance with the by-laws. He also made sure my slab was above the centerline grade of the street before giving me the green light to proceed. This really makes me scratch my head and wonder how this mess could of happened six years ago if the building inspector would of did his job.Maybe a minor variance was granted and the paperwork was lost or misplaced,who knows? Not a situation I would want to be involved in, REALTOR or land owner.

 

 

I agree. Leads one to wonder if there was even a permit taken out. But I've heard that the northern municipalities are a little slacker than our southern planning depts. Hard to believe they're all under the control of the same Planning Act.

 

JF

[ctdd2006]

I agree. Leads one to wonder if there was even a permit taken out. But I've heard that the northern municipalities are a little slacker than our southern planning depts. Hard to believe they're all under the control of the same Planning Act.

 

JF

 

 

I doubt it's a "northern thing"!? We're more rural than the sudbury area and you can't get away with that here!

[JohnF]

I doubt it's a "northern thing"!? We're more rural than the sudbury area and you can't get away with that here!

 

I'll defer to your own experience. I'm just going on reports from other northern dwellers. 35 years ago in Stratford I just took in a hand drawn depiction of my pool installation and got the permit no problem. Today I would need a survey and a follow up inspection by the city guys.

 

JF

[Chris]

I'll defer to your own experience. I'm just going on reports from other northern dwellers. 35 years ago in Stratford I just took in a hand drawn depiction of my pool installation and got the permit no problem. Today I would need a survey and a follow up inspection by the city guys.

 

JF

 

Hehe, I am a design draftsman, mainly mechanical design in factories, but I have done many house plans and renovation drawings over the years, and have done a lot of architectural drawings for industry as well. With the new regs in the Ontario "building code" I now cannot do residential drawings for anyone as the gov't. deems me to be unqualified (I only have 35 years experience). You see I would first have to spend approx. $1,000 to take their two Bull courses (technical and legal)then write their two Bull exams. If I pass the exams then I would have to register with the Province of Ontario...but they won't register me without insurance, which is between $6,000 and $8,000/year. But heres the kicker....a homeowner with absolutely NO experience is allowed to draw and submit their own plans. And it's just a scam to get more tax dollars anyway. For example, 4 years ago we put in an above ground pool and a deck. I was allowed to do my own plans as I was, in this case, the homeowner. After the pool/deck was installed they sent an appraisal company to measure and photograph my new deck and my property taxes instantly increased by $240/year. It's not about homeowner protection as they claim, it's about getting more tax dollars. Not a real good incentive for getting a building permit anymore. In the future if I do any home renos inside the home, there will be no building permit involved.

 

As a side note, with these new Ont. building code regs, the gov't. even wanted professional engineers to get requalified with their Bull program. Well the P.E.O.'s said "hey it was us engineers who wrote the building code in the first place" took the gov't. to court and won!

 

Bunch of pencil-pushers in suits and ties trying to tell people in the design business how to do their job. Looks good on them, although I wonder how many of our tax dollars were spent fighting the P.E.O.'s in court.

 

End of rant!!!