Land was never registered to a new owner - dad now deceased and widowed mom needs help.

My Step-Dad and my Mom own land on Vancouver Island that he was provided as payment for work.<br />It is one acre of a larger parcel. The "employer" that used the 1<br />acre as payment was his brother (my uncle). Both of my parents lived on the<br />land for about 23 years. About 13 years into their residence (my parents), my<br />uncle began to pressure my parents for money which they gave him. He (my uncle)<br />called it rent. My step-dad succumbed to the pressure until he (my uncle) went so<br />far as to try to evict my parents. Finally, Dad got a lawyer. The case was<br />dismissed because the officer at Residential Tenancy Branch of the Ministry of<br />Housing and Social Development found....."...it is my finding that the<br />respondent has more of an interest in this property than that of a tenant, as<br />defined by the Residential Tenancy Act,...." My parents remained on the<br />land but were harassed by my uncle. He ran a fence very close to their dwelling<br />(trailer). My Dad again succumbed to the bullying. <p>Just in November of 2011, in addition to passing without a Last Will and Testament my<br />Mom has now learned that the 1 acre parcel that they own was never properly<br />registered with the government. The Land was paid to my Dad in writing (in<br />German) from my Uncle. We have an official and certified translation of the<br />letter. Both my uncle and my Dad signed the original document. My Mom would<br />like to continue living on her property or sell it and return to Germany to<br />live with a sister.</p> <p>Please advise what we can do to help save my Mom's land (the only asset that my Dad<br />possessed)?&nbsp; The original attorney will not continue the case now that my Dad has passed away.&nbsp;He states that his practice is too busy.<br />Please help!</p>


Asked over 7 years ago in Vancouver island, British Columbia
Categories: Civil Litigation  Real Estate  Human Rights  Wills, Estates, Trusts  Labour & Employment

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L. John Alexander

Answer by L. John Alexander

VerifiedBritish Columbia lawyer


This is a case that would have to be followed up fairly quickly.  I am assuming that the one acre parcel that you say your Mom should be the owner of, is a part of a larger lot that is owned by your uncle.  Perhaps your parents thought it was a seperate parcel?  Do you have a copy of the title?  If this is land owned by someone else, you should move quickly, because they could transfer the land, and then it could be very difficuly to get any remedy.  A proceeding should be commenced, and a claim registered against the title to the land, so it doesn't slip away while you resolve the matter.
You shoud gather absoltely as much paper as there is with regard to this matter.  The more the better, and don't asssume any of it is not important.  You should then try to set out a time-line, and the story as clearly as possible.  Use manes for each person, instead of "him, her, uncle, dad" etc.  It is much easier to follow that way.

Posted over 7 years ago

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