Property & Title Dispute Lawyers, BC
Resolving ownership, boundary, and presale conflicts.
Romaya Law represents property owners, buyers, developers, and co-owners across British Columbia in title disputes — from fraudulent transfers and boundary encroachments to presale contract disputes and co-ownership breakdowns. We protect your interest on title from the moment a dispute arises.
Title to real property is the cornerstone of ownership in British Columbia. When title is challenged — by a competing claimant, a fraudulent transfer, a disputed easement, a boundary encroachment, or a failed presale contract — the consequences can paralyze your property: you cannot sell, refinance, or develop until the dispute is resolved. BC's Land Title Act governs what gets registered and how competing interests are resolved, and BC Supreme Court has jurisdiction over virtually all title litigation. Whether you need to register a Certificate of Pending Litigation to freeze dealings while a claim advances, pursue a co-owner in partition, or recover a presale deposit, a title dispute lawyer in BC can protect your position from the outset. This page is general information and is not legal advice.
How BC's Land Title System Works and Why It Matters for Disputes
British Columbia operates under a Torrens title system, meaning the Land Title Office register is the authoritative record of ownership and registered interests. As a general principle, a registered owner takes title free of unregistered interests, subject to limited exceptions. This makes registration critical in any property dispute: the party who registers first — whether a mortgage, easement, CPL, or transfer — typically establishes priority. A title dispute can arise when registrations conflict, when a transfer is alleged to be fraudulent, when an easement is contested, or when a party claims an interest in land that is not yet registered. Early registration of a protective interest can determine who prevails.
Certificate of Pending Litigation: Freezing Title Pending a Court Action
A Certificate of Pending Litigation (CPL) is one of the most powerful tools in real estate litigation. When a court action has been commenced that relates to an interest in land, a CPL can be registered against the property's title in the Land Title Office. Once registered, the CPL alerts any buyer, lender, or searcher that the property is subject to active litigation — effectively freezing dealings on the property until the case is resolved. Courts can order the CPL removed if the underlying claim lacks merit or if the registering party posts security. Registering a CPL without a genuine underlying claim can attract liability, so legal advice is essential before proceeding.
Boundary, Easement, and Encroachment Disputes in BC
Boundary and easement disputes are among the most common property title matters in British Columbia. A boundary dispute can arise from conflicting survey evidence, historical use of land, or errors in title documents. Easement disputes typically concern whether an easement exists, its scope, and whether it has been extinguished. Encroachments — where a structure or improvement crosses onto a neighbouring parcel — can trigger claims for removal, damages, or a court-ordered easement. These disputes are resolved in BC Supreme Court, often requiring expert survey and appraisal evidence. A title dispute lawyer in BC can assess the legal basis for your claim or defence before costly litigation commences.
Property Co-Ownership Disputes and Partition
Co-ownership disputes arise when jointly held property becomes a source of conflict — typically because co-owners disagree about whether to sell, how to manage, or how to divide the asset. Under BC's Partition of Property Act, any co-owner can apply to court to compel a partition of the land into separate parcels, or if partition is impractical, to order a sale and division of the proceeds. Courts have broad discretion in determining the form of relief. A property co-ownership dispute lawyer can explore whether a negotiated buyout or a co-ownership agreement can avoid litigation, or can advance or defend partition proceedings when agreement is not possible.
Presale Contract Disputes: REDMA Protections and Deposit Recovery
Presale or pre-construction contracts in BC are marketed under the Real Estate Development Marketing Act (REDMA), which provides buyers with a 7-day statutory rescission right upon receiving a disclosure statement and requires developers to disclose material changes. Presale disputes are increasingly common and can involve developer delays, material changes to the project, failed completions, disputes over deposit refunds, and assignment restrictions. A presale contract dispute lawyer in BC can assess whether the developer has complied with REDMA, whether grounds exist for rescission or damages, and how to recover a deposit in dispute. The 2-year general limitation period under BC's Limitation Act applies to most contract claims.
How we help with property & title disputes
CPL Registration and Removal
We register Certificates of Pending Litigation to protect clients' claims against title dealings and defend against CPL applications that lack a legal basis.
Fraudulent Transfer Claims
We investigate and pursue claims where title has been transferred fraudulently or without the owner's authority, seeking rectification of the Land Title Office register.
Boundary and Easement Litigation
We resolve boundary disputes, contested easements, and encroachment claims in BC Supreme Court, working with surveyors and appraisers to build a compelling evidentiary record.
Partition of Property Proceedings
We advance and defend partition applications under the Partition of Property Act for co-owners seeking to dissolve shared ownership through sale or physical division.
Presale Dispute and Deposit Recovery
We advise presale buyers on REDMA rights, rescission, and deposit recovery when developers default, change the project materially, or fail to complete.
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