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Father died in 1990. Will probated. There was a Canadian property

 
Debra Thal's Avatar
  • Answered by:Debra Thal
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Customer Question

Father died in 1990. Will probated. There was a Canadian property deed change just before he died, that whe he died it went to grandson. This property was in the will to go to me and my brother. The court never looked at the deed. Grandson utilized the property for 15 years, got close to neighbor, Myra. Through the 15 years that he possessed the waterfront property, he never registered the "changed" deed, nor could find it. When we found out that he couldn't find it, we approached the court to reopen the probate case and revert back to the will. I posted the cottage, value $100,000 on the web for sale. Started getting lot of interest. Here is the problem:
Since neighbor, Myra was close to John, the grandson, who is upset in losing the property, she has been attempting to sabotage any potential buyer.
Prospect 1: I took the 16 hr. return trip to show it to a buyer, she lets her dog out which jumped all over #1. I was also explaining to the wife, about the property line.
Myra buts in and says "oh no, it goes just to the road" I said a survey will answer that.

Prospect #2 - A buyer got there before me, starts looking around, Myra pops out, asks him "are you a roofer?" That was a mild question, but the fact she was even inquiring was making her very nosy.

I sent her a letter asking her to cease and desist from interferring with my buyers, and if she didn't stop I would remove all of her rose bushes that were planted on our property, and that it was obvious that she was motivated by John.

Prospect #3 - Another 2 day trip up (I live in Ohio). I had an appointment with this
prospect who drove in and parked her car in front of Myra's on the roadway. Myra cme out and asked her to move her car, that she was trespassing on her property. Myra said she owned that part of the roadway (I doubt it). So client moved her car, came into our cottage, and said "I have bad vibes about that neighbor." Sale lost.

Prospect #4 - A broker showed the cottage, Myra comes out and presents the broker my letter to her about ceasing and desisting. Why would she do this?

Prospect #5 - Client had her two mentally challenged sons and husband up to see the cottage. The boys were having a ball running around the property. Myra got upset with them.

Prospect #6 - Client was told by Myra that the grandson was contesting the will. (this is entirely untrue). I had to tell the client that the actual will was already probated in 1991. There was nothing to contest. We were just setting up a Canadian estate in order to sell the property.

So, do I have grounds to sue her? Can I get a restraining orde?

 

Optional Information:
Country relating to Question: Canada

Already Tried:
Nothing.

Submitted: 292 days and 5 hours ago.
Category: Canada Law
Value: $38
Status: CLOSED

Accepted Answer

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Expert:  Debra Thal replied292 days ago.


Debra Thal (username) :

It may be possible to get a restraining order as this sounds like harassment to me.

Debra Thal (username) :

So you can first call the police and indicate that you need their help.

Debra Thal (username) :

Explain that she comes over and harasses you at every showing.

Debra Thal (username) :

They may charge her and if they do she will then be placed under a restraining order,.

Debra Thal (username) :

If they will not they may at least warn her.

Debra Thal (username) :

As well, you can have a lawyer send her a cease and desist letter threatening a lawsuit for damages for lost potential to sell the property.

Debra Thal (username) :

If the police will not help you then you can apply for a restraining order on your own.

Debra Thal (username) :

I don't see what province you are in but in most provinces y7ou can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Customer :

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 98.2 %
Accepts: 37909
Answered: 8/4/2012

Experience: Lawyer

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