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I am buying a property were the previous owner planted trees…

Customer Question
I am buying a...

I am buying a property were the previous owner planted trees and a drive way past his property line for 30 years would i have the right to still use it

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Sorry I'm in ontario canada

Lawyer's Assistant: Has anything been filed or reported?

Not sure but he is threatening to cut the trees and not let me use the lane

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He wanted to buy the property tried to make it unsellable previous home owner went bankrupt he put sighns up old farm equipment at property line

Submitted: 4 months ago.Category: Canada Law
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Answered in 3 hours by:
3/12/2018
Lawyer: Debra, Lawyer replied 4 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,563
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 4 months ago

I am sorry to hear of this complication but want to be sure I have the facts right.

The seller planted trees and made a driveway that encroached on the neighbour's property and this has been the case for 30 years? Is that correct?

What does your real estate lawyer say?

Do you know if you are under the Land Titles Act or Registry Act?

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Customer reply replied 4 months ago
I haven’t had that conversation
With him I was wondering about squatters rights if that would carry on to the next owner
Lawyer: Debra, Lawyer replied 4 months ago

Do you know if you are under the Land Titles Act or Registry Act?

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Customer reply replied 4 months ago
Not sure I will have to look into that
Customer reply replied 4 months ago
I’m sure the last owner was
Lawyer: Debra, Lawyer replied 4 months ago

What do you mean by the last sentence?

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Customer reply replied 4 months ago
I think the last owner would of bin the land titles act but my title would be land registry act
Lawyer: Debra, Lawyer replied 4 months ago

That doesn't make sense.

Do you mean that you believe at first the property was under the Registry Act and not is under the Land Titles Act and if so when did the transfer happen?

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Lawyer: Debra, Lawyer replied 4 months ago

Did you get a chance to read my questions to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

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