Property Encroachment - LONG - Page 4

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Property Encroachment - LONG

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    10-24-2013, 08:08 PM
No, moving isn't an option either. This is a fairly big shop. The sheds he can move.
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    10-24-2013, 08:09 PM
Here in NY-you have to build XX feet away from your actual line. That is the setback. It assures you that noone will build closer to you than that---sort of. Unless they do not get a building permit, which is another matter. Perhaps they don;t have that in Ontario?
    10-24-2013, 08:10 PM
Could you do an Easement/Right of way or lease for XX years?
    10-25-2013, 08:43 AM
Yes, there is supposed to be a set-back. I don't know what it is our municipality. Either the building permit he got was bogus or he didn't get one. Or possibly they thought the line was over a bit more. But that last excuse doesn't explain why his driveway is mostly on our property.

If he doesn't agree to move the lines and pay, then, yes I will do a lease agreement. I figure that will protect me when his property changes hands.
franknbeans likes this.
    08-02-2014, 06:59 PM
Update: Not Much Happening

So it took us over a year to get the survey done and almost a year to find out that the lawyer that was supposed to represent us, won't. First the freakin' lawyer had to determine if there was possibly a conflict (small town); that took months. Then we finally met with him, gave him instruction and offered a retainer which he said wasn't necessary. Many weeks go by with nothing -- so I called. And called. And called. Phone calls were never returned. In the real estate slow season no less. Not impressed. Got our documents back and now have to find another lawyer. So frustrating.

We used another lawyer a while back to do a simple spousal transfer and he started to have us sign divorce papers! So, ya, that lawyer's out.

I've got a list of about 1/2 dozen lawyers now to cold call. I don't have anyone to ask for references. The only people I know to ask would refer me to the dipstick that assumed MDH and I were getting divorced. I know about the Law Society of Upper Canada, but they'll just give one name out of a hat. I can do that myself. Any tips on how to find the lawyer best suited for us?
    08-02-2014, 07:14 PM
Green Broke
Would it work asking the court house in your area if they have dealt with real estate/land related cases and if so what were the names of the lawyers involved in those cases? Knowing the outcome of the cases may point to a successful lawyer in these matters.
    08-02-2014, 07:31 PM
Hmmm... I don't know, Chevaux. I never thought of that. It would be public record probably, but there would also probably be hundreds of cases to sort through. Plus, I don't know which court would be the right one as I am between two towns. I guess I should go look at that as well. Probably better to get a lawyer that is used to appearing in the applicable courthouse.
    08-02-2014, 08:10 PM
Get the lawyer that actually won most of his cases.
    08-03-2014, 08:26 AM
I don't know-perhaps you are better bringing in a relative "unknown" from a bigger town even. I think there can be an advantage to that, personally. Is there something like the "bar association" we have here that you could call for referrals?
SaddleUp158 and Chasin Ponies like this.
    08-03-2014, 02:02 PM
Originally Posted by squirrelfood    
Get the lawyer that actually won most of his cases.
Yup - OK. On that!

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