When a Property Deal or Boundary Turns Into a Dispute in Calgary and Strathmore

Real estate is usually the largest investment people and businesses make, so when something goes wrong, the stakes are high. The real estate litigation lawyers at Getz Collins and Associates help clients in Calgary, Strathmore, and across Alberta resolve disputes over property — whether the conflict is with a buyer, seller, neighbour, tenant, or co-owner.

This page is about disputes. If you need help with a purchase, sale, or refinancing, see our Real Estate page. The two searches — “real estate lawyer” and “real estate dispute lawyer” — reflect very different needs, and we handle both.

Common Real Estate Disputes We Handle

• Purchase and sale disputes — a buyer or seller who fails to close, disputes over deposits, or claims that the deal terms weren’t honoured;
• Failure to disclose defects — buyers who discover problems the seller should have disclosed (latent defects);
• Boundary and encroachment disputes — disagreements with neighbours over property lines, fences, or structures that cross onto another’s land;
• Easements and rights of way — disputes over who can use a portion of land and for what;
• Restrictive covenants — disagreements over building or use restrictions registered on title;
• Co-ownership disputes — when joint owners disagree about selling or managing a property, including applications to force a sale; and
• Adverse possession and title disputes — competing claims over ownership or use of land.

Specific Performance: Forcing a Deal to Close

Because each parcel of land is considered unique, real estate is one of the areas where courts will sometimes order specific performance — requiring a party to actually complete the purchase or sale, rather than just paying damages. If a seller tries to back out of an accepted offer, or a buyer refuses to close, this remedy may be available. We assess whether it fits your situation.

Foreclosure Is Different

If your dispute involves a mortgage default — either as a homeowner facing foreclosure or a lender enforcing a mortgage — that’s a distinct process with its own rules and deadlines. See our dedicated Foreclosure page.

A Note on Time Limits

Most real estate disputes fall under the general two-year Limitations Act, RSA 2000, c L-12,, running from when you knew or ought to have known of the problem. Latent defect claims can be complicated because the defect may surface long after closing. Boundary and title issues can involve additional considerations. Because the timing analysis varies, get advice early.

Frequently Asked Questions

A seller backed out after accepting my offer. Can I force the sale?

Possibly. Because land is treated as unique, courts may order specific performance — requiring the seller to complete the deal — where damages alone wouldn’t be an adequate remedy. Whether it’s available depends on the facts, including how unique the property is and your own conduct.

I bought a home and discovered a serious problem the seller hid. What can I do?

If the defect was a latent one the seller knew about and failed to disclose, you may have a claim. The analysis turns on what the seller knew, what was disclosed, and the contract terms. We can assess whether you have a viable case.

My neighbour’s fence is on my property. How is that resolved?

Boundary and encroachment disputes are often resolved through a current Real Property Report, negotiation, and sometimes an encroachment agreement. When that fails, the court can determine the boundary and order a remedy. We help you resolve it as efficiently as the situation allows.

Can I force the sale of a property I co-own?

Often, yes. A co-owner can generally apply to the court for an order for sale or division of jointly held property when owners can’t agree. We advise on the process and the likely outcome.

Contact Getz Collins and Associates today — your partner in real estate disputes. Contact Us | Calgary: 587-391-5600 | Strathmore: 403-934-2500