Canada Law

Ask a Canada Law Question, Get an Answer ASAP!

Ask an Expert,
Get an Answer ASAP!

My name is ***** *****, I live in Ontario. In 2013, my

Customer Question
My name is *****...

My name is ***** *****, I live in Ontario. In 2013, my father transferred property from his name to his 3 children. As a result, the property is now co-owned by myself and my 2 siblings as tenants-in-common, with each of us owning an undivided one-third interest. The property is a vacant lot of approximately 95 acres.My questions regarding options are as follows:My wife and I are interested in building a house on the lot, however we are unsure how to legally proceed given that the land is co-owned. We are wondering whether we should/could:1) Build a house on the lot, and have sole ownership on the house even through it is on co-owned land. We are not sure what legal and financing/mortgage complications we could run into in this situation, and what would happen in the future if my siblings wanted to sell their 2/3 of the lot;2) "Buy-out" my siblings for their 2/3 of the lot so that I could obtain full ownership of the lot prior to building a house on the lot. My wife and I are not necessarily in a financial position to "buy-out" my siblings for their 2/3 of the lot and to still be able to afford to build a house, and we are concerned about any resulting property transfer taxes if I were to take over full ownership of the lot.3) Apply for a severance of only a portion of the lot (e.g., 10 acres) to allow us to build a house on a solely owned portion of the land, but retain co-ownership of the remaining portion of the lot? We are concerned about property transfer taxes too with this situation, and the possibility of there being any municipal regulations prohibiting the severance of "rural countryside" (RU) zoned lots, due to our municipality's goal of promoting village growth vs. creation of additional "RU" zoned lots. My wife and I would appreciate any assistance that you can provide us with regards ***** ***** legalities of this situation.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I provided a detailed summary above. After reading it, please let me know if you required more information.

Submitted: 2 years ago.Category: Canada Law
Show More
Show Less
Ask Your Own Canada Law Question
Answered in 12 hours by:
2/13/2016
Lawyer: Debra, Lawyer replied 2 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,606
Experience: Lawyer
Verified

Will the other siblings sign an agreement acknowledging your right to a larger interest in the property do you think?

Ask Your Own Canada Law Question
Customer reply replied 2 years ago
Perhaps, but I'm not sure if that solves my question about the legalities of whether we could build a house of our own on co-owned land, and what resulting legal and/or financial issues could be encountered in the future.
Lawyer: Debra, Lawyer replied 2 years ago

The problem is that if you each own 1/3 of the land then you may be stuck with only getting 1/3 of the equity if the property is sold down the road.

But if you have an agreement with your siblings that provides that if the property is later sold you will get more than 1/3 of the total proceeds and the agreement sets out some formula for working out what you get then you will be in a much more secure position.

If they will not agree then your next step would be to apply for a severance of the lot and then if that doesn't work you may have to either try and buy them out, have them buy you out and then if none of that works you might have to apply to the court for an order for the sale of the property.

Does that answer your question.

Ask Your Own Canada Law Question
Was this answer helpful?
Ask Debra Your Own Question
Debra
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,606
104,606 Satisfied Customers
Experience: Lawyer

Debra is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

2,263 satisfied customers

25 years in practice

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Debra

Debra

Lawyer

104,606 satisfied customers

Lawyer

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Law Questions
I recently sold a used vehicle to a fellow. Included with
I recently sold a used vehicle to a fellow. Included with the sale was an inspection that my friend had done, which I told him. My friend deemed the vehicle roadworthy. It is now two months later and … read more
Debra
Debra
Lawyer
104,606 satisfied customers
I live in British Columbia, have been employed by a
I live in British Columbia, have been employed by a non-profit organization as an Emergency Support Worker in a low barrier homeless shelter. During the opioid crisis it became expected of us to becom… read more
Debra
Debra
Lawyer
104,606 satisfied customers
My brother is involved in a custody and access case for his
my brother is involved in a custody and access case for his 2 year old son and he is the respondent. He is working on getting legal aid and attended FLIC at the Brampton court house Friday. He hasn't filed his response or case conference notes. He has until May 31st but needs to get an extension because he is has struggled with getting his notice of assessments because he hasn't filed his taxes in three years. So the duty council lawyer helped him file a 14b and asking for an extension of time until June 15th ( first case conference is June 28th), and she asked for permission to not file his notice of assessments as he is only 19 and hasn't worked three years due to being a student and didn't see the purpose to file his taxes up until now. … read more
Debra
Debra
Lawyer
104,606 satisfied customers
Can a landlord tell you to move because he wants to put his
Can a landlord tell you to move because he wants to put his father in the unit? … read more
Debra
Debra
Lawyer
104,606 satisfied customers
I have received a layoff notice from Vale Canada Manitoba
I have received a layoff notice from Vale Canada Manitoba Operations for July 31. I am in the steelworkers union here. My layoff will probably be rescinded and I will be given a different job and prob… read more
Debra
Debra
Lawyer
104,606 satisfied customers
Is it illegal for an office assistant to open my mail?
Is it illegal for an office assistant to open my mail? (province BC) … read more
Debra
Debra
Lawyer
104,606 satisfied customers
I'm purchasing a mobile home on a private sale under
Hello, I'm purchasing a mobile home on a private sale under $10,000.00. My question is how to go about it without paying a large legal fee. I will check it for liens, get a receipt etc. What else do I… read more
Debra
Debra
Lawyer
104,606 satisfied customers
If you have had a repair to your vehicle done but the repair
If you have had a repair to your vehicle done but the repair was incomplete and I have held back a small percentage of the total bill can the garage put a lien on my vehicle on … read more
Debra
Debra
Lawyer
104,606 satisfied customers
I am looking forward to an investment immigration forcanada.
hi, i am looking forward to an investment immigration forcanada … read more
Debra
Debra
Lawyer
104,606 satisfied customers
My son owes a financial institution $156,000 on a mortgage
my son owes a financial institution $156,000 on a mortgage and they have proceeded with legal action and he has until May 26 to pay the outstanding mortgage to the financial institution. There is also… read more
Debra
Debra
Lawyer
104,606 satisfied customers
Are Alberta wills prepared etc by @n Alberta solicitor ok in
Are Alberta wills prepared etc by @n Alberta solicitor ok in British columbia … read more
Debra
Debra
Lawyer
104,606 satisfied customers
Pls tell me more on hw u plan on help me conscerning my ques
Pls tell me more on hw u plan on help me conscerning my ques or cn I get someone who cn help me wit all I need to do… read more
Debra
Debra
Lawyer
104,606 satisfied customers
I have some skytrain tickets from 2004-2010 which prevent me
I have some skytrain tickets from 2004-2010 which prevent me from getting a license. I was 16 in 2004. Is there any way I can dispute or otherwise get rid of those so I can get my license? … read more
Debra
Debra
Lawyer
104,606 satisfied customers
I'm trying to find a Canadian Family law firm that practices
I'm trying to find a Canadian Family law firm that practices in Canada and the U.S. Can you recommend any? … read more
Debra
Debra
Lawyer
104,606 satisfied customers
I have been separated for two years and now live in Alberta,
I have been separated for two years and now live in Alberta, my vehicle is registered in both names and my ex is refusing to give me permission to register the vehicle in Alberta and refuses to sign a… read more
Debra
Debra
Lawyer
104,606 satisfied customers
Do you guys work with legal aid services in Edmonton. I had
do you guys work with legal aid services in Edmonton … read more
Debra
Debra
Lawyer
104,606 satisfied customers
I just received a call that i missed it said that there is a
i just received a call that i missed it said that there is a law suit against me it was a ottawa phone number i tried calling back but the agents were busy is that a legal thing … read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,169 satisfied customers
We are having issues with eviction. We have checked the box
We are having issues with eviction. We have checked the box to say that with good intentions we require our space back because require more space in our home. The tenant is delaying her response on wh… read more
Debra
Debra
Lawyer
104,606 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x