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Law.Hut
Law.Hut, Lawyer
Category: Canada Law
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I have a house I bought from my brother and wife 5 years ago.

Customer Question

I have a house I bought from my brother and wife 5 years ago. He continued to live in the house until last Sept with his son and grandson. At the beginning of Sept my brother passed away. I now want to sell my house, however, the son has decided the house should "go to him". I served notice to vacate, now he has hired a lawyer and put a caveat against my house claiming beneficial ownership. How can this be that someone can take over your property.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

There is no law that allows him to take over the property. You can dispute the caveat. The law in Alberta does not allow property rights to be acquired just by living in or having possession of property. Property rights can only be acquired by registration with the land titles office. There is no such thing as "squatters rights" in Alberta.

If he could establish that he has made contributions towards your property for which he has not been compensated (such as compensation of free rent), then a court could order that you pay him for such contributions. But this would not allow the court to transfer title of the property to him or allow any lien to be put against title to the property.

You could speak in person with a lawyer familiar with real estate litigation if you wish. We cannot give referrals to specific lawyers her due to site policy, but the Law Society of Alberta has a fee referral service that you can reach at 1800(NNN) NNN-NNNN
Customer: replied 1 year ago.
Should I be worried that a caveat has been issued? Is this something that is easy to do? Or is this a formality

I do not think the nephew or his lawyer believe I bought the house.

However, I did. I have all the documents and title. I have been willing to give him some money once the house sells. He cannot afford to buy it,

I do not have a rental agreement in place as I told him he could remain there for 6 months. ( verbal contract)

What is "compensation of free rent" . My brother was the renter until his death last Sept.

This nephew really feels he has some entitlement since it was at one time his fathers property.

Will I have to go to court?

Expert:  Law.Hut replied 1 year ago.
Anyone can place a caveat. This does not mean at all but there's been any type of finding that the claim is justified.

I thought that the person now claiming the house had been living in the property for free. If he is going to try and maintain any type of claim against the house, he will have to show that he made contributions towards the house coma and has not already been compensated for such contributions. Being able to stay at property free of paying rent would be some compensation for example.

The simple fact that his father had resided in the home does not create any rights whatsoever.

Yes, the matter might need to proceed to court. From The information you provided I don't see that they have any legitimate claim to support the caveat, But you should speak in person with a lawyer in the near future.

If you have no further questions at this time, please rate the reply positively, as the site otherwise does not credit me, even if you have paid a deposit. You can still ask follow up questions on this thread after rating if you wish.

If you have questions in the future on other legal matters, you can refer to my user name of law.hut at the outset of your post. I will do my best to answer as soon as possible.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7438
Experience: with over 15 years experience.
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Customer: replied 1 year ago.
Thank you for that info. I wish you could be my lawyer. I am slightly intimidated by his lawyer.

I have made an appt to see a lawyer on thurs morning.

I forwarded all my documents from sale purchase, title etc already

Expert:  Law.Hut replied 1 year ago.

Sorry, we are not allowed to act or communicate with any customers of this site outside of this forum.

 

Good luck with your new lawyer.

 

If you have other legal questions in future, refer to my user name of Law.hut at the outset of your question, and I will try to answer as soon as possible.

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