In Ontario, Canada how do you get a court judgement to force sale of a property held as tenants-in-common?
920547
It appears that you are dealing with a probate issue as well as issues related to ownership of property. \n\nI would suggest that you seek legal advise, in the form of a lawyer, or mediator. The legal issues are complex and technical, as the will will likely will have given direction, but clearly has not resolved issues. this will therefore have to be contested, and unless the other parties are willing (which does not appear to be the case) this will become a complex and time consuming situation.\n\nAt $ 100. to 150. per hour (or more) you can see that it would become very expensive to resolve this matter. \n\nanother approach may be to suggest to the other parties to have the property appraised by certified appraisors (not realtors)\n(each party to do their own) and agree that the average is the base price to work from, and then to use this number as the value from which you all negotiate a buy out at terms that work for all parties.\n\nKeep in mind that neither of the parties may be able to come up the money to buy any one or more parties out,so it may require each of the parties to become creative and allow for some private mortgaging to one or an other.\n\nI assume you are all family in some fashion or another, so the emotional side of all this is another consideration and may make my suggestion something that allows each of you and the respective family to move forward and keep relations civil and constructive.\n\nTher is likely little incentive by the parties using the property to resolve the matter, but if everything else fails the courts will have to resolve the matter, and trust me "everybody will LOOSE".\n\nGood luck
185611
You need two things - one, go find an independent property assessor and pay him/her to determine the true market value of the land; and, two, get an attorney and have that lawyer either negotiate the proper price, or to fight the eminent domain action sufficiently so that the court will order the government to pay the fair market value, even if they do take the property.
700819
He may have no choice, meaning that the tenant currently occupying the unit apparently has not left.  This actually happens more than you'd think.  To be able to force the tenant out, the landlord would have to evict and get restitution of the premises from a court order.  Then he'd have to make it ready for you as well.\n\nThat being said, the landlord should be prepared to address the fact that he cannot meet his contract terms (the move-in date).  No doubt your rent should be pro-rated for the days you can't be in the unit.  However, you might be able to negotiate an even better deal, and if YOUR landlord doesn't allow you to stay (see my comment above), you are at risk of potential court action and a negative landlord reference.  You should be compensated, perhaps in a small way, for that.
295131
Talk to the bank about payment on the house. Take the tenants to court. Backgroud checks on all new tenants. Or sell and have peace of mind you don't have to do this again.
357922
The very "first" thing you will need in court or arbitration or where ever you go with this is ............\n"What Does The Agreement Between The Two Of You Say"?\n\nGet out the “Signed” Tenant/Landlord Agreement (you do have one don’t you?), read it and then you will probably know with a reasonable amount of certainty what a judge would say if it goes to court. \n\nMy advice is usually, take the money and run or pay attorneys and lose even more than you already have.
1036765
i am in AZ and local law and custom will prevail.  what you have is adverse possession.  these things are controlled by time frames such as to close the Ingres/egress off it needs to be open and notorious and done like for 24 hours every 7 years.  there should be a time frame in the 7 to 10 year range that they would have had to close off physical access.  physical access is different then legal access.  most areas require physical access to all lots.  your best bet is to contact first a local real estate broker who specializes in land not in houses, it will be under commercial real estate in the phone book. he can answer most questions. but you will be in court to get it done, and the real estate guy will know the right lawyer.  this is a highly technical area of law make sure you get someone who does this for a living, a divorce lawyer will not be much good
560221
you must have a survey on the part you wish to deed to them. Have that recorded in the court house. Then it will be given a leagal discription. If the land has any mortgage on it at this time you must get a partial release from the current lender. Once all of this is done you can quit claim the property or sell it to them. A title conpany can do all the paper work and filing for you. You have to get the survey yourself.
697101
From the source below:\n\nis generally applied any time two or more persons, who are not husband and wife, are entitled to the possession and use of the same property. The owners may own unequal interests (shares) and may have received their interests at different times and through different means (grant, deed, inheritance, will, etc.). The important distinction between tenancy in common and other types of co-ownership is that, upon death, each owner's interest passes to his heirs or those named in his will. There is no right of survivorship which transfers the decedent's interest to the other co-owners.
1002027
You are on the right path.  You have got to get as much homeowners involved as possible.  If you guys still have access to your old by-laws, they might give you a summary of the protocol you should follow after a property management co. has taken over.  If not, contact another homeowner's association office to ask for advise.  If that doesn't help, get online and find someone that can!!  I'd call Kens 5 - Five on Your Side!! Assuming you're in Texas (san antonio)
759667
No. It is under foreclosure because the tenant, who does not own it, could not pay for staying there. If the tenant says here is proof (bankruptcy filing) that I can not pay for it that will not stop the foreclosure. The auction is the bank trying to deal with the owner's foreclosure. It has nothing to do with the tenant.\n\nIf you meant the owner living there, not a tenant, he has lost any rights to the house at foreclosure so it is not an asset that is part of his bankruptcy so again there is no impact.\n\nIf there was a prayer that an owner could avoid foreclosure or have enough money to buy the property at auction that is long gone. It just doesn't happen in real life.
902241
Are you in an established relationship with this "friend"?  Are you living in the home with your "friend"?  Do you have the money to pay a real estate attorney to sort this mess out (assuming it can be) if things go sour with your "friend"?\n\nIf you really want joint ownership, refinance under both your names and have your name added to the Deed.
803990
You can ask a judge to have him buy you out.  If it is a land contract you will have to make sure the person you are buying the home from is in agreement with this because he can easily take back the property.  You can also ask a judge to have your ex sign a quick claim deed which will hand the property over to you and his name will be completely off the property in order for you to sell the property.  A judge may tell you that you have to give your ex half if you do sell the property depending on what your divorce decree says.
689953
there should be a Landlord and Tenant Board in your area that can give you advise and hopefully help arbitrate an agreement.
247864
Call a realestate agent. Often they are the brokers for such deals.
836691
If you are speaking about a Home owners association Code enforcement, usually your by laws will tell you what your method of appeal is....Start by reading them.  Most let you have some type of mediation or arbitration.\n\n...Unfortunately Home owners associations were initially formed to help keep your community better....now it has devolved to a legal way of taking your house!  I'll never buy into one again!!!
741939
All things are negotiable. Here's how I would do it to benefit everyone involved:\n\n1. Create two seperate contracts, one a standard lease agreement and the other an assignable purchase option agreement.\n\n2. In the lease, have the tennant pay for all utilities and have them in his/her name. \n\n3. Create an assiganble purchase option contract, so that the tennant (now called Optionee) can purchase the property within a two year period of a stated price. Now, depending on the rent of the first contract, I would modify the price here. Also, depending on the rent on the first contract, I would modify the non-refunable option fee. You want to keep this contract as an assignable contract in order to allow the tennant to assign it to another person (like his brother) if he is unable to purchase the property because his credit is still bad or whatever. \n\nIt's also important to keep these as two seperate contracts because if the tennant fails to pay, you can simply evict him. In a lease purchase option contract, depending on the terms, you will need to do more than just evict him because the tennant's interest in the property is more than a regualr tenant. Remember, there is a reason why the banks won't finance this guy. Are you willing to take the risk of doing so when the banks won't?\n\nAs Teran stated, stay away from contracts for deed because then you have to jump through hoops to get rid of this person and avoid your lender at the same time.\n\nRegards
919608
In a multi storeyed apartments, each apartment owner shall be entitled to the exclusive ownership and possession of his apartment.\nEach apartment owner has an undivided interest in the common areas and facilities in the percentage specified and established in the Declaration or deed. The common area are  permanent character, and shall not be altered without the consent of all of the apartment owners. The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division of any part thereof, and Any covenant to the contrary shall be null and void.\nSo the land where the building stands is a common area and not registered exclusively in anybodys name.