My neighbor has modified an existing fence between his and my driveway in the "city limits" of Prince George BC. Previous fence was 48" high and he has attached a 6 'fence to the existing fence. The fence posts are on my property. My question is about ownership. There was no previous approval for this neighbor to modify the existing fence. Can he modify this fence? Since the fence posts for the original fence are on my property does this make the fence mine?
Province/Territory relating to question: British Columbia
I am asking a new question.
Hello:If the fence posts are entirely on your property, then any improvements made or affixed to those posts would be yours. If the new fence could be removed without damage to the posts or your existing fence then the neighbour could have an argument though that the new fence remains his personal property. But that is personal property he is keeping without your permission on your land. The new fence could then be removed by you but you would not then be permitted to keep the fencing. If it would be impossible to remove the fence without damaging the posts, then you would be able to argue that he has made an attachment to your land, which then stays with the land. Or if you want the fence removed then he should have to reimburse you for the cost to fix or replace the posts.
with over 15 years experience.
My daughters biological father has stated in the Supreme Court of British Columbia that he is her biological father. This was when she was about 4 years old. I let my ex-husband adopt my daughter and as a result her biological father has never been ordered to pay child support for my daughter. The biological father told both myself and my daughter that he would pay for her to go to school once she graduated. This has never happened. She has been trying for the last 4 years to get this help, but he has not come forth to help her. Is there anyway my daughter can get this money from him through court here in BC?
If the child has been adopted, then the biological father is no longer the legal parent and would have no obligation to pay child support. It is also not possible usually to obtain child support retroactively once the person is no longer legally considered a child or entitled to ongoing child support.
A promise to pay or gift money to someone is not legally enforceable. It is only enforceable if this is part of a contract, which requires an offer to pay, acceptance by the other person, but also requires an exchange of consideration, meaning some advantage passing from each person to the other. So a promise to help pay for college is not usually something that can be enforced.
The daughter could sue him if she has attended university on the expectation that she would receive payment. There is some law that says that if a person makes a promise to someone with the expectation that the person will act on that promise, then the person can be expected to carry through with it. The father will try to argue that the daughter would have gone to school anyway, and his promise did not play a significant part in inducing her to attend school. If that argument was accepted, that would cause her lawsuit to fail.
She may want to speak in person to a lawyer in B.C. about this. She would want a lawyer familiar with civil litigation or contract litigation. She can be referred to a lawyer through the B.C. Branch of the Canadian Bar Association, as they have a lawyer referral program. She would be given several names of lawyers, and each would charge no more than $25.00 for an initial interview, so she can get some opinion from them and decide whether to hire them and go forward or not. You can find the number for that program through their website.
This answer was helpful. I have another question adding to the one just answered. Her biological father (XXXX XXXX) swore "In Affidavit" and verbally in front of a Supreme Court Judge (XXXX vs XXXXl) in Vancouver Supreme Court. Does my daughter have claim to his "Estate" once he dies? Her biological father has business's here in BC but often uses numbered companies that may not show him as the principle owner of such companies ie: he hides his assetts using these numbered companies. Thank you41068.0236378819
You should avoid using names on this site, as answers are publicly available and searchable I believe through Google, to anyone else that pays. You could ask customer service to remove the name.
There would be no automatic claim to the estate of the biological father. Because of the adoption by a step-father, he is no longer the legal parent and so there is no legal connection.