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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100973
Experience:  Lawyer
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We recently purchased a home 3 weeks ago. A neighbor has

Customer Question

We recently purchased a home 3 weeks ago. A neighbor has filed a civil suit against us concerning an "in-law" in which he is worried we will use as a second dwelling within the home. The previous owners rented out this space but we have no intent to do the same. The neighbor wants us to remove downstairs kitchen. The house is zoned R1 for the Municipality but has a registered 22yr old building scheme stating only single family residence. My question, does a building scheme ever expire or is there a way to amend this document. The neighborhood (15 houses under this scheme) have been bullied by this one neighbor for the past 15 ill this stop.
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
Sorry. I meant to type in-law suite.
Expert:  Debra replied 1 year ago.

The building scheme doesn't matter. It is what the zoning is that matters and you need to comply with the R1 zoning requirements.

While it may be that you are not entitled to have a tenant you can certainly have a house with a second kitchen for your family's use.

If you have actually be served with a claim then you should retain a lawyer to do your defence for you. The defence is that you are not renting out any part of your house and in any event have not caused the neighbour any harm nor do you intend to do so.