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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3520
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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If I constructed a building on my in-law's property but now

Customer Question

if I constructed a building on my in-law's property but now am seperated can I claim ownership and have the building removed?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question. It's a very interesting one.

Practically speaking, is it worth it to move the building? What sort of structure?

Customer: replied 1 year ago.
It is a 28 x 40 triple car garage. I can remove the building myself with minimal cost however the building was never in my name not my father inlaws. He is saying I have no rights to it and it will remain where it is. I can provide receipts for the building material. The power and phone was listed in my name.
Expert:  Ulysses101 replied 1 year ago.

Was there ever any communication between you that you'd be paid for your work and/or reimbursed for your costs?

Customer: replied 1 year ago.
No. There wasn't. The building was mine. I paid for the materials and the cost of construction
Expert:  Ulysses101 replied 1 year ago.

When did you complete the building, and when did you separate?

Customer: replied 1 year ago.
Building was completed in 2013. Separated 2015.
Expert:  Ulysses101 replied 1 year ago.

I'm back, sorry for the delay. I was away from the site for a bit.

I'm afraid that I don't have good news for you. Don't shoot the messenger.

In the absence of a contract, items transferred especially between family members are considered a gift. I don't see how you can make a claim of any kind of ownership or possesory rights to the building.

You're not on title to the property, and what you built is attached to the in-laws' property. It's theirs. Unless you have any proof that they were going to reimburse you for materials or pay you for your labour, you have no rights to simply take the building. You could try to sue them under contract for unpaid work, but without a contract of any kind or evidence of such I doubt you'd get far.

Are there any more details which might change my opinion? If so then please reply with them. If not, then I hope you'll give a positive service rating please.