Navigating Real Estate Disputes in 2025: How a Lawyer Can Help

Navigating Real Estate Disputes in 2025: How a Lawyer Can Help

Real estate transactions in Alberta can be complex, and disputes may arise even after the deal is done. Whether you’re a buyer, seller, landlord, or tenant, having a knowledgeable real estate lawyer familiar with Alberta’s laws on your side is crucial for protecting your rights and resolving conflicts effectively.

Common Real Estate Disputes in Alberta

1. Boundary Disagreements
   Boundary issues are a frequent source of disputes, particularly in growing urban areas like Calgary and Edmonton. These conflicts often stem from:
   • Encroachments (e.g., fences, driveways, or structures crossing property lines).
   • Discrepancies in property surveys or outdated land titles.
   • Easement disputes, such as shared access roads or utility rights-of-way.

   How a Lawyer Can Help:

   • Interpret and clarify Alberta Land Titles Office records.
   • Resolve disputes using Alberta’s legal framework, such as the Land Titles Act.
   • Negotiate settlements or represent clients in court if needed.
2. Undisclosed Defects
   Alberta law, through the Real Estate Act and case law precedents, obligates sellers to disclose material latent defects (e.g., structural issues or mold that are not visible during a standard inspection). Failing to do so can result in disputes after the sale.

   How a Lawyer Can Help:

   • Assess whether the seller failed to disclose defects in compliance with Alberta’s legal standards.
   • Pursue compensation or remedies through negotiation or litigation.
   • Work with home inspectors and contractors to gather evidence.
3. Breach of Contract
   Real estate agreements are legally binding, but disputes often arise over the interpretation or enforcement of terms. In Alberta, common issues include:
   • Sellers refusing to complete a sale.
   • Buyers attempting to back out without valid cause.
   • Disagreements over conditions such as financing or inspection deadlines.

   How a Lawyer Can Help:

   • Interpret the Alberta Real Estate Association (AREA) standard contract or custom agreements.
   • Enforce contractual obligations or seek damages.
   • Mediate disputes to avoid court, saving time and money.
4. Landlord-Tenant Conflicts
   Alberta’s Residential Tenancies Act (RTA) governs landlord-tenant relationships. Common disputes include:
   • Unlawful evictions.
   • Failure to return security deposits.
   • Disagreements over maintenance and repairs.

   How a Lawyer Can Help:

   • Advise on RTA compliance and tenant rights.
   • Represent landlords or tenants in Residential Tenancy Dispute Resolution Service (RTDRS) hearings.
   • Draft or review lease agreements to prevent future conflicts.
5. Title Issues
   Alberta operates under a Torrens land registration system, which guarantees title accuracy but doesn’t eliminate disputes over liens, encumbrances, or competing ownership claims.

   How a Lawyer Can Help:

   • Conduct thorough title searches through the Alberta Land Titles Office.
   • Address liens, encumbrances, or errors on title documents.
   • Represent clients in court to resolve ownership disputes.

Why Legal Expertise Matters in Alberta

Real estate law in Alberta is governed by specific provincial statutes, such as the Land Titles Act, Real Estate Act, and Residential Tenancies Act. A lawyer experienced in these regulations can:

• Analyze contracts and agreements to identify risks unique to Alberta’s real estate market.
• Provide tailored advice for disputes, including alternative dispute resolution.
• Save time and resources by navigating Alberta’s legal systems efficiently.

Proactive Steps to Avoid Disputes in Alberta

• Use AREA’s standard purchase agreements or have a lawyer review custom contracts.
• Conduct thorough home inspections and title searches.
• Communicate openly with all parties to minimize misunderstandings.
• Consult legal professionals during all stages of the transaction.

Navigating real estate disputes can be challenging, but with the right legal guidance, you can protect your interests and achieve a favorable resolution. If you’re facing a conflict or looking to prevent one, consulting a real estate lawyer familiar with Alberta law is your best move.