Real estate disputes can put significant property rights, investments, business interests, and personal finances at risk.
Watson Goepel’s Vancouver real estate litigation lawyers represent individuals, developers, purchasers, vendors, creditors, landlords, tenants, investors, and other parties in commercial and residential property disputes throughout British Columbia.
We focus on identifying the practical objective behind the dispute and pursuing an efficient, cost-conscious strategy through negotiation, mediation, arbitration, or court proceedings where required.
Key Takeaways About Real Estate Litigation In British Columbia
- Real estate litigation can involve collapsed purchase and sale transactions, ownership disputes, co-owned property, mortgages, commercial leases, easements, boundaries, developments, builder’s liens, and certificates of pending litigation.
- A court may have authority to order the sale or division of jointly owned land under British Columbia’s Partition of Property Act.
- A Certificate of Pending Litigation, commonly called a CPL, may be available in qualifying court proceedings involving an interest in land.
- Property disputes can involve urgent issues, including a pending sale, financing, construction work, possession, or changes to title.
- Real estate claims are highly document-driven, so contracts, title searches, correspondence, financial records, and other evidence should be reviewed early.
What Is Real Estate Litigation?
Real estate litigation involves legal disputes concerning land, buildings, property transactions, ownership interests, leases, financing, development, or rights attached to real property.
Unlike a routine real estate transaction, litigation begins when parties disagree about their respective rights or obligations and cannot resolve the issue through ordinary negotiations.
Our lawyers work alongside Watson Goepel’s broader Litigation & Dispute Resolution team and, where appropriate, our commercial real estate lawyers to address both the contentious and transactional implications of a property dispute.
Real Estate Disputes Our Vancouver Lawyers Handle
Our team assists clients with matters involving:
- Collapsed real estate transactions
- Mortgage enforcement and foreclosure
- Enforcement of judgments against real property
- Partition and sale proceedings
- Co-ownership disputes
- Real estate development and limited partnership disputes
- Commercial leases
- Easements and rights of way
- Property boundary disputes
- Certificates of pending litigation
- Builder’s liens
- Property ownership and beneficial ownership disputes
Some disputes involve a single contract. Others can engage land-title legislation, equitable claims, corporate relationships, financing documents, construction law, and multiple competing interests in the same property.
Collapsed Real Estate Transactions In British Columbia
A failed purchase and sale can expose both buyers and sellers to substantial financial consequences.
Disputes may arise when a purchaser does not complete, a seller refuses to close, financing fails, a party alleges that a contractual condition was not satisfied, or there is disagreement about representations, deposits, extensions, or other terms of the agreement.
What Happens When A Buyer Fails To Complete A Real Estate Purchase?
The consequences depend on the contract and the surrounding circumstances.
Issues may include the treatment of a deposit, whether the seller can terminate the agreement, whether the property is resold at a loss, and whether either party claims damages or another remedy.
The wording of the purchase agreement, correspondence between the parties, market conditions, mitigation efforts, and the reason the transaction failed can all become important.
Can A Court Force A Real Estate Transaction To Complete?
In some disputes, a party may seek specific performance, which is a court order requiring contractual obligations to be completed rather than simply awarding damages.
Specific performance is not automatic in a failed real estate transaction. Whether it is available depends on the circumstances and applicable legal principles.
Obtaining advice promptly is particularly important when the property may be sold to somebody else or another transaction is imminent.
Property Ownership And Co-Ownership Disputes
Ownership disputes can arise between family members, former spouses, friends, investors, business partners, or other co-owners.
Common disagreements concern who owns what percentage of the property, whether a property should be sold, responsibility for mortgage and maintenance costs, rental income, renovations, occupation of the property, or whether one party has a beneficial interest beyond what appears on title.
Watson Goepel also has a dedicated practice addressing co-ownership disputes.
Can One Co-Owner Force The Sale Of Property In BC?
British Columbia’s Partition of Property Act creates a process through which parties with specified interests in land may seek partition or sale.
Whether a court will order a sale and on what terms depends on the statutory provisions and the circumstances of the case.
Our lawyers regularly advise clients concerning partition of property proceedings, negotiated buyouts, orders for sale, and disputes about the distribution of sale proceeds.
Certificates Of Pending Litigation In British Columbia
A Certificate of Pending Litigation can be an important tool in some property disputes.
Under section 215 of British Columbia’s Land Title Act, a person who has commenced or is a party to certain proceedings claiming an estate or interest in land may be able to register a CPL against the property.
What Does A Certificate Of Pending Litigation Do?
A CPL provides notice on title that litigation involving an interest in the land is underway.
It can have significant practical consequences for a property owner because the registration may affect a proposed sale, transfer, or financing.
A CPL is not appropriate merely because a lawsuit concerns money connected to real estate. The underlying claim must satisfy the applicable legal requirements.
Applications may also be made in appropriate circumstances to cancel a CPL, so both parties should obtain advice about the strength of the claimed interest and the procedural options available.
Commercial Lease Disputes
Commercial lease disputes can create immediate operational and financial consequences for both landlords and tenants.
Disagreements may concern unpaid rent, additional rent, operating costs, repair obligations, maintenance, renewal rights, assignment or subletting, use restrictions, defaults, termination, possession, or the interpretation of lease provisions.
Because commercial leases are heavily contractual, the specific language agreed to by the parties is often central to the dispute.
Our business dispute lawyers can also become involved where the property dispute forms part of a broader commercial relationship or business conflict.
Easements, Rights Of Way, and Boundary Disputes
Not every real estate dispute concerns ownership of an entire property.
Landowners can disagree about access, driveways, shared infrastructure, easements, rights of way, encroachments, fences, or the location and use of property boundaries.
Resolving these disputes may require a review of registered charges, historical documents, surveys, plans, agreements, and the actual use of the land.
The appropriate remedy can vary considerably depending on whether the dispute concerns title, interpretation of an easement, an alleged interference with property rights, or another form of relief.
Builder’s Liens And Construction-Related Property Disputes
Construction work can result in disputes involving owners, contractors, subcontractors, lenders, developers, and suppliers.
British Columbia’s builder’s lien regime includes strict procedural requirements and deadlines. The prescribed forms themselves warn that certain steps can require a lien claimant to commence an action and register a CPL within a specified period after receiving a notice to commence an action.
Because lien rights can be highly time-sensitive, parties involved in construction-related property disputes should obtain advice promptly rather than relying on general civil limitation periods.
Real estate disputes that substantially concern a construction project may also overlap with Watson Goepel’s construction litigation practice.
Mortgage Enforcement, Foreclosure, And Creditors’ Remedies
Real estate is frequently used as security for loans and other obligations.
When a borrower defaults, disputes can arise regarding mortgage enforcement, foreclosure proceedings, priorities among creditors, guarantees, enforcement of judgments, and the realization of security against real property.
These disputes can be procedurally complex, particularly when several creditors claim interests in the same property.
Our real estate litigation team can work with Watson Goepel’s debt collection and creditors’ remedies lawyers where the property dispute forms part of a larger enforcement strategy.
Resolving Property Disputes Without A Trial
Litigation is not always the most effective way to resolve a real estate dispute.
Negotiation and mediation can sometimes allow parties to reach solutions that a court could not easily impose, such as structured buyouts, revised closing arrangements, access agreements, settlement of accounting issues, or commercially workable lease terms.
Other disputes require court intervention because urgent orders are needed, title is in issue, one party will not cooperate, or the parties require a binding determination of their legal rights.
Our role is to identify the approach that best fits the dispute rather than automatically treating a trial as the only solution.
Frequently Asked Questions About Real Estate Litigation In BC
When Should I Contact A Real Estate Litigation Lawyer?
Consider obtaining advice as soon as a dispute threatens a closing, ownership interest, sale, financing, lease, construction project, or other significant property right. Early advice can be particularly important where limitation periods or urgent court remedies may be involved.
Can I Stop Someone From Selling Property While A Lawsuit Is Ongoing?
Potentially. Depending on the nature of the claim, remedies such as a Certificate of Pending Litigation or an injunction may be relevant. These remedies have specific legal requirements and are not available in every property dispute.
Can A Joint Owner Refuse To Sell A Property Forever?
Not necessarily. British Columbia’s Partition of Property Act allows qualifying parties to ask the Supreme Court of British Columbia for orders involving the partition or sale of jointly owned land. Whether an order will be made depends on the circumstances and the statute.
What Happens To The Deposit When A Real Estate Deal Collapses?
The answer depends on the purchase agreement and why the transaction failed. A deposit can become a major issue in litigation between buyers and sellers, and its treatment should be assessed together with any claim for additional damages or return of the deposit.
What Is A CPL On A Property?
A Certificate of Pending Litigation is a registration against title associated with qualifying litigation in which a party claims an estate or interest in land. It gives notice of the pending claim and can materially affect dealings with the property.
Can A CPL Be Removed?
Potentially. The Land Title Act provides mechanisms relating to cancellation of CPLs, and a party affected by a CPL may be able to seek its removal depending on the circumstances. Legal advice should be obtained before bringing or responding to such an application.
Can Real Estate Litigation Be Settled Through Mediation?
Yes. Many property disputes are suitable for mediation or negotiated settlement, particularly where the parties want more control over timing, cost, confidentiality, or the practical terms of a resolution.
How Long Do I Have To Start A Real Estate Lawsuit In BC?
The applicable deadline depends on the type of claim. British Columbia’s Limitation Act establishes a basic two-year limitation period for many claims based on discovery, but property disputes can engage other statutory deadlines and legal rules. The specific claim should be reviewed before relying on any general limitation period.
Speak With Our Vancouver Real Estate Litigation Lawyers
Property disputes can become more difficult and costly when important decisions are delayed. Whether you are dealing with a collapsed transaction, ownership disagreement, commercial lease dispute, CPL, mortgage enforcement issue, co-ownership conflict, or another real estate dispute, Watson Goepel can help you assess the available options.
Contact our Vancouver real estate litigation lawyers to discuss your situation. Call (604) 688-1301 to arrange a consultation with Watson Goepel LLP.
