neighbours Archives - REM https://realestatemagazine.ca/tag/neighbours/ Canada’s premier magazine for real estate professionals. Wed, 02 Oct 2024 14:39:09 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://realestatemagazine.ca/wp-content/uploads/2022/09/cropped-REM-Fav-32x32.png neighbours Archives - REM https://realestatemagazine.ca/tag/neighbours/ 32 32 Neighbours clash over shared laneway: Ontario court limits usage after dispute https://realestatemagazine.ca/neighbours-clash-over-shared-laneway-ontario-court-limits-usage-after-dispute/ https://realestatemagazine.ca/neighbours-clash-over-shared-laneway-ontario-court-limits-usage-after-dispute/#respond Fri, 27 Sep 2024 04:02:21 +0000 https://realestatemagazine.ca/?p=34702 A shared laneway sparked a legal battle between neighbours in Ontario, with the court stepping in to restrict use after years of peaceful coexistence

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QUICK HITS

  • Property owner (Kranenburg) overburdened shared laneway by increasing traffic; ruling limits use of laneway to reduce disruption to neighbours (Grices).
  • Court sided with Grices, stating laneway’s use must revert to original purpose of serving a summer camp, limiting further development.
  • Case highlights importance of proactive communication — judge suggested conflict could have been avoided if both parties had discussed changes before acting.

 

A shared laneway between two neighbours in Ontario became the focus of a legal dispute over its use. In the case Kranenburg v. Grice, the owners of two properties on Ontario’s Saugeen River disagreed on how the laneway should be used after one owner, Kranenburg, expanded his property’s operations from a summer camp to a busy trailer park and event space.

 

Neighbour’s response to increased use of access route

 

The laneway in question runs through the Grices’ property and provides the only access to Kranenburg’s land, which is otherwise landlocked. Historically, Kranenburg’s property had been used as a youth summer camp, with buses, service trucks, and a small number of seasonal trailers using the laneway. However, after purchasing the property in 2009 and running it as a camp for years, Kranenburg shifted its use in 2020, turning it into a busy trailer park and event space. This change significantly increased traffic on the laneway, with more vehicles coming and going, particularly on weekends.

The Grices, who have owned their agricultural property for generations, raised concerns over the increased traffic, which they claimed interfered with their farm operations and created safety risks. In response, they installed two gates along the laneway — one at the entrance and another near Kranenburg’s property — to control access. They also planted trees along the side of the laneway, which Kranenburg argued further restricted access to his land.

 

Lawsuit filed for damages from nuisance caused by gates and trees

 

In light of this, Kranenburg filed a lawsuit, claiming that the gates and trees were a nuisance and asking for damages.

The Grices defended their actions, arguing that the gates were necessary to manage the increased traffic and protect their farming operations. They pointed out that the gates were not locked, and access to the laneway was not fully blocked. They also claimed that Kranenburg had overburdened the laneway by using it for purposes beyond what had originally been intended, specifically citing the heavy traffic from the trailer park and event space.

In response, the Grices sought an injunction to restrict the use change and receive damages for trees Kranenburg had cut down for firewood.

 

Right-of-way use can evolve within reason, road deemed appropriate for historical low-impact use

 

In cases involving rights-of-way, courts must determine whether the land has been “overburdened,” meaning that the use of the easement has exceeded what was originally granted. In this case, the parties could not locate the original legal document establishing the laneway’s right-of-way, but they agreed that it had existed before 1994.

The court noted that when no specific restrictions are outlined in the original agreement, it’s generally assumed that the right-of-way use can evolve over time, provided the changes remain within reasonable limits.

After reviewing the evidence, the court found that the laneway’s historical use had been relatively low-impact. It had been used primarily for buses transporting campers, food delivery and garbage trucks, up to 20 seasonal trailers and occasional passenger vehicles. This level of traffic was in line with the laneway’s design as a narrow, single-lane gravel road.

 

Laneway overburdened, safety concerns deemed legitimate — injunction issued for Kranenburg’s use

 

However, the court agreed with the Grices that Kranenburg’s recent changes had overburdened the laneway. The increased number of vehicles, particularly on weekends, with trailers and passenger cars coming and going for events, significantly exceeded the historical usage of the road.

The narrow and winding nature of the laneway meant that two large vehicles could not pass each other easily, creating safety concerns. The increased traffic also disrupted the Grices’ enjoyment of their property, as the laneway was visible and the noise from frequent traffic was audible from their home.

As a result, the judge ruled in favour of the Grices and issued an injunction limiting Kranenburg’s use of the laneway. Going forward, the laneway could only be used for buses carrying campers and conference attendees, up to 20 seasonal trailers and service vehicles such as food and garbage trucks. The court also allowed for passenger vehicles used by Kranenburg, his staff and residents.

 

Kranenburg’s nuisance claim dismissed

 

Kranenburg’s claim that the gates were a nuisance was dismissed. The court found that the gates did not constitute a “substantial interference” with his property rights, as they did not prevent access to the laneway.

The judge acknowledged that the gates may have been an inconvenience but stated that this was an expected reality (not a “substantial interference”) when sharing a roadway between properties with different uses. The installation of the gates was deemed reasonable, given the increased traffic and the Grices’ concerns for safety.

As for the trees, the court found no evidence that they had significantly impeded access to the laneway or created a nuisance. The judge did, however, advise Kranenburg to communicate with the Grices before cutting down any trees in the future and recommended that a survey and advice from an arborist be obtained if further maintenance was required.

 

This case highlights the importance of clear communication between neighbours when it comes to shared property access. The judge noted that many of the issues could have been avoided if the two parties had discussed their concerns and plans in advance. Kranenburg’s decision to change the use of his property without consulting the Grices, and the Grices’ installation of gates without discussing them with Kranenburg, ultimately escalated the conflict.

In closing, the judge encouraged both parties to reset their relationship and find a way to peacefully coexist as neighbours moving forward.

 

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]]> https://realestatemagazine.ca/neighbours-clash-over-shared-laneway-ontario-court-limits-usage-after-dispute/feed/ 0 Years-long dispute over 22-centimetre strip of land ends in court ruling https://realestatemagazine.ca/years-long-dispute-over-22-centimetre-strip-of-land-ends-in-court-ruling/ https://realestatemagazine.ca/years-long-dispute-over-22-centimetre-strip-of-land-ends-in-court-ruling/#respond Tue, 25 Jun 2024 04:02:39 +0000 https://realestatemagazine.ca/?p=32182 The Ontario Superior Court ruled in favor of the property owner who made lasting improvements under the honest belief it was his

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A long-running dispute between neighbours over a strip of land just 21.9 centimetres wide ended in court after years of litigation and 10 affidavits.

In Margaritis v. Milne, the Ontario Superior Court of Justice ruled on whether the doctrine of adverse possession applied, ultimately granting the land to one neighbour based on lasting improvements made under the belief it was their property.

 

Negotiations fail over small property encroachment

 

Milne bought his property in 1996, while Margaritis inherited his in 2017. A wooden fence and stone retaining wall marked the boundary between their properties. After his purchase, Milne made extensive changes, including building a new fence and retaining wall.

When Margaritis planned to redesign his backyard, a survey revealed a small encroachment from Milne’s property. Negotiations failed, leading to the lawsuit.

 

Cannot claim adverse possession

 

Milne claimed the land through adverse possession, which requires 10 years of exclusive use. However, Margaritis argued that Milne had moved the fence line to its current location in 1996, while Milne maintained that he re-built the fence on the pre-existing fence line.

It was found that both properties were converted to Ontario’s Land Titles system in 2002, and registered land in the system can’t be obtained by adverse possession unless that 10-year period took place prior to registration. Milne’s use didn’t meet the 10-year requirement before this time.

The court couldn’t confirm where the boundary was before the 1996 renovations, as Milne was unable to provide surveys, plans, permits or engineering drawings showing the work done. So, his claim to title under adverse possession was denied.

 

Milne obtains land because of honest belief it was his

 

Despite rejecting the adverse possession claim, the court awarded Milne the land because he made lasting improvements, like the retaining wall and stairs, believing it was his. This decision was supported by section 37 of the Ontario Conveyancing and Law of Property Act, which allows a person to retain land if they made improvements under an honest belief it was theirs.

The court found Milne’s belief genuine and the improvements lasting and substantial. Changing the boundary now would require significant modifications to Milne’s property, plus the boundary existed for more than 20 years without complaint. As well, granting the disputed area to Margaritis would require significant renovations to Milne’s backyard to add an “objectively insignificant area” to Margaritis’ property — no compelling reason arose as to why Margaritis required the strip of land.

So, Milne was granted the land but had to compensate Margaritis for its value. The exact compensation method is yet to be determined. An appeal was dismissed, as the Divisional Court upheld the original decision, agreeing that the improvements were lasting and that the judge had exercised appropriate discretion.

 

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]]> https://realestatemagazine.ca/years-long-dispute-over-22-centimetre-strip-of-land-ends-in-court-ruling/feed/ 0 Selling a house with nightmare neighbours https://realestatemagazine.ca/selling-a-house-with-nightmare-neighbours/ https://realestatemagazine.ca/selling-a-house-with-nightmare-neighbours/#respond Mon, 26 Nov 2018 06:33:50 +0000 https://realestatemagazine.ca/selling-a-house-with-nightmare-neighbours/ Selling a home that has challenging neighbours adds another level of complexity. But it can be done! Jasmine Lee, a broker with Re/Max Hallmark Realty in Toronto, had a neighbour issue with one of her sales.

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]]> Selling a home that has challenging neighbours adds another level of complexity. But it can be done!

Jasmine Lee, a broker with Re/Max Hallmark Realty in Toronto, had a neighbour issue with one of her sales. “We had a listing and the neighbours with connecting lawns would never cut their grass and maintain the curb appeal. So, our seller clients ended up cutting the grass and maintaining the curb appeal to add more value to their listing and the way it showed.”

Jasmine Lee

Jasmine Lee

Angela Langtry, a broker at Century 21 Immo-Plus in Montreal, also had a listing with less-than-ideal neighbours. “Several years ago, I had an attached house for sale in Pointe-St-Charles in Montreal with neighbours who basically used their backyard for leftover construction materials, which potential buyers could see from the upper back balcony of the house. In addition, the soundproofing between the neighbouring wall was poor and we could sometimes hear the kids yelling and the neighbours arguing. We found a soundproofing solution and buyers who didn’t mind the junkyard, and got the house sold.”

In many cases, the offending neighbour may not even realize that they are doing something offensive. They truly may be unaware that their behaviour is affecting others. Unless safety is a concern, encourage the sellers to have a respectful and diplomatic discussion with the neighbours to see if they can come to a resolution that works for both parties. With their bottom line at stake, it’s worth a shot.

Jennifer McIntosh-Davies

Jennifer McIntosh-Davies

That is exactly what Jennifer McIntosh-Davies, a sales associate with Re/Max Realty Professionals in Calgary, did. Her sellers lived in a duplex and the people who lived in the other half of the residence had a backyard full of junk. McIntosh-Davies knew that in the current Calgary market, they couldn’t afford to have the home look shabby. They approached the neighbours, who were accommodating; they didn’t want to do any of the work but were happy to have it done for them. McIntosh-Davies told the sellers to add into their budget the cost of cleaning up the neighbour’s yard. Problem solved.

On the upside, what your sellers think of as obnoxious when it comes to their neighbours may not upset someone else. It may not be as hard to find a buyer as anticipated. For example, a neighbour with a yard full of semi-functional vehicles may not faze a weekend wannabe mechanic. A buyer who loves to gossip may not be put off by a neighbour who sits on their porch all day shouting at passersby.

Lee offers advice for what to do with a listing’s nuisance neighbours. “Introduce yourself to the neighbour and see if you can offer some of your referrals to help with the yard clean up. If they party 24/7, work on possible hours and days for the partying. With a nuisance dog, have a conversation about a solution for both sides. It’s about creating the win-win for all parties involved.”

McIntosh-Davies adds: “It’s all about spinning things.” By the time people are at odds with each other, it is to the advantage of the neighbour who is staying behind that the seller’s house is sold. McIntosh-Davies suggests talking to the neighbours and encouraging them to do whatever is possible to help sell the house, the best possible outcome for both parties.

We’ve all heard the stories of late-night partying neighbours and dogs next door that bark nonstop. But that’s just the beginning. These horrid neighbours, all real-life examples, could really put a kink in a home sale:

  • Neighbours who come into the backyard to hang their laundry on your clothesline
  • Neighbours who constantly call the police because you back into your own driveway
  • Neighbours who erect a pool – complete with a wooden jumping platform – in their front yard, bordering your property and the sidewalk
  • Pilfering neighbours who steal from your garden
  • Hoarders whose piles of stuff encroach on your property
  • Neighbours who slash your tires
  • Neighbours who install barbed wire on the top of your shared fence
  • Neighbours who dig trenches to undermine the foundation of your garage

Langtry shares her thoughts on what to do about troublesome neighbours: “I would advise the agent or seller to speak with the neighbours and/or landlord of the neighbours, if rented. Century 21 has discounts with 1-800-Got-Junk who can clean up the yard (if the neighbour agrees). The agent or seller could offer to pay to remove the debris. Police can be called for noise disturbances, especially after 11 p.m. Either way, be fully transparent with potential buyers about the situation. For the right price and at the right time, a buyer will come along that will be willing to tolerate or deal with it. There is a solution to every problem, and a good Realtor is a great problem solver.”

But use caution when interacting with questionable neighbours. This summer, an agent in Pelham, Ont. was confronted by a nightmare neighbour while conducting a showing. The neighbour approached them brandishing a gun. The agent immediately got himself and the prospective buyers to safety and called the police. It turned out to be an airsoft gun, although it looks like the real thing. The neighbour was charged with possession of a weapon for a dangerous purpose, among other things.

In January, a Kelowna, B.C. man was so fed up with his bullying neighbour that he decided to put his house on the market. He staked a sign on his front yard that read “Home for Sale by Owner Because Neighbour is an A**hole.” Despite the sign, the family received multiple offers on the house, giving hope to the rest of us that even the most horrific neighbours won’t kill a deal.

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]]> https://realestatemagazine.ca/selling-a-house-with-nightmare-neighbours/feed/ 0 The importance of a strong neighbourhood https://realestatemagazine.ca/importance-strong-neighbourhood/ https://realestatemagazine.ca/importance-strong-neighbourhood/#respond Thu, 05 Feb 2015 05:00:00 +0000 https://realestatemagazine.ca/importance-strong-neighbourhood/ When selling a house, having a strong neighbourhood is vital. Potential issues with noise, traffic, and other local nuisances can be dealt with when a neighbourhood is connected and organized. Here are some tips for creating a strong neighbourhood that is safe and desirable.

The post The importance of a strong neighbourhood appeared first on REM.

]]> It is not always a beautiful day in the neighbourhood. Sometimes when selling a house you may find your neighbours are in fact not very neighbourly at all. For example, local establishments might be open for business late at night and be considered the neighbourhood nuisance. Some communities have bylaws restricting everything from parking to house colouring to the height of the bushes, making it difficult for residents to feel as though they are in control of their own properties.

On some streets, the neighbours simply prefer to keep to themselves – a “closed door” policy.

Opening a few of those doors can go a long way toward helping towards creating a strong neighbourhood that has a sense of community. Places where people know their neighbours are more secure than those where everyone remains a stranger.

Here are some tips for fostering a strong neighbourhood that is both safe and desirable for potential buyers.

Starting a neighbourhood association

See if your local municipality offers any sort of support for those who wish to start a neighbourhood community or association. Sometimes funding may be available for block parties, barbecues or other activities that everyone can enjoy. These are great ice breakers for neighbours who have lived near to each other for years but never really met and interacted.

If late-night establishments are spilling on to the neighbouring street, residents may be tired of the noise and potential for vandalism. This can make people much more reluctant to answer the door during the day or to feel like being outside in the yard at night. It also lowers the value of your property – desirable by day, deafening by night is not a selling point.

Enlist the help of the neighbourhood association, if there is one, in understanding the local bylaws about noise and parking rules. Try to have your neighbourhood work with the business so that everyone can get some sort of compromise. Maybe the late-night establishment could fence their perimeter to discourage people from wandering into nearby yards.

One example of a business that tries not to impact its immediate surroundings is Tim Hortons, which provides large numbers of garbage containers on their own property as well as large signs asking people not to litter in the neighbourhood.

Dealing with noise and traffic

If the source of the difficulty is from noise such as trains or a nearby factory, it may be worth circulating a petition in the neighbourhood to have the town or city construct some sort of sound barrier between the neighbourhood and the noise. Noise breaks can be natural such as shrubs, bushes and trees as well as human-built barriers designed to repel the sound. This is where bylaws can work in your favour if you get a decibel meter and can prove the area is noisier than allowed by local laws.

If you have frequent speed violators or a situation where children can’t play in the front yards due to concerns about the traffic on the street, bylaws can help your buyers and sellers. Be proactive and see if the municipality will lower the speed or make more prominent speed limit signs. Sometimes if enough people complain a street can even get speed bumps put in or a close becomes pedestrian traffic only (if there is back access for parking).

Have a neighbourhood directory

Information about the community is something that a buyer always enjoys having, including such things as local garbage days, schools, shops, transportation, local events and bylaws. Having your own directory of this information is a handy way to keep your name on the mind of your new buyers and is a good-faith gesture for prospective buyers. It’s also a sales tool that anyone viewing the house can take home with them.

Other ways of imparting this information include social media, websites and even your advertising. For the tech crowd, ads on local websites such as Meetup.com or free online classifieds announcing community get-to-know-you events may work well at pulling together your neighbourhood.

If you have an entire new suburb or subdivision of homes on your list to sell, this is the ideal time to become involved in the local neighbourhood. Since area information will be repeated to each buyer of houses in your suburb or subdivision, what better time to put your personal stamp on an entire area? Becoming a local community volunteer is a good way to get to know current and future prospective clients while exceeding their expectations.

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