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)? The original attorney will not continue the case now that my Dad has passed away. He states that his practice is too busy.<br />Please help!</p>
Answer by L. John Alexander
British Columbia lawyer
Posted over 7 years ago
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