An important part of preventing disputes is knowing when disputes are likely to arise. Most disputes are foreseeable, which means you can prepare for them and even prevent them from arising in the first place. 

Common sources of disputes related to land use, possession, and ownership include:

Purchase and Sale Issues: This includes attempting to purchase property without a written agreement, inaccurate or incomplete property disclosure statements, and disputes over the fulfillment of conditions of sale by all parties.

Occupancy-Related Disputes: A common example is landlord-tenant conflicts, but there can also be disputes over house guest scenarios or occupancy rights for non-tenants.

Disputes over Shared Assets: This includes conflicts over shared wells, driveways, boundary trees, fences, etc.

Equity in the Property: Disputes over contributions to mortgage payments, property taxes, maintenance, repairs, or renovations.

Neighbour Issues: Problems with noise, trespassing, or privacy breaches.

Estate-Related Disputes: These are disputes over the proper administration of an estate. They often arise when someone (usually a family member) refuses to administer an estate or improperly uses estate property after someone dies.

Below are some tips that will help address some of these common sources of dispute. 

Consulting with a lawyer about every real estate transaction is not just a wise choice; it’s an essential step to protect your interests. 

Real estate transactions often involve complex legal processes, and without professional guidance, you may encounter difficulties that could lead to financial or legal complications. Your lawyer is a trusted advisor, ensuring you fully understand your legal rights, responsibilities, and the implications of the agreements you enter. 

A lawyer can assist with tasks such as: 

• Reviewing and explaining the terms of your purchase and sale agreement, 
• Preparing or verifying all necessary legal documents, 
• Ensuring the property registration is accurate. 

They also handle critical aspects of the transaction, such as: 

• Managing funds,
• Paying off outstanding debts like mortgages,
• Disbursing payments to the appropriate parties, including real estate agents.

Additionally, they provide a clear and detailed accounting of the transaction proceeds so you understand where your money is allocated. Their expertise ensures the entire process is conducted smoothly, securely, and in compliance with the law.

Having a lawyer by your side simplifies the complexities of real estate transactions. It safeguards your financial and legal well-being, giving you confidence and peace of mind.

“Migrating a property” refers to registering a property in the new online, parcel-based Land Registration Act (LRA) system. 

Migration protects your ownership rights and ensures a clear and accurate title for your property. It shields property owners from various title-related claims and offers some protection against claims of adverse possession and prescriptive easements.

It is also mandatory to migrate your property to the new system before you can sell or refinance it. You will need to consult a property lawyer to do this.

It is essential to document any arrangement concerning your property. Having written agreements helps clarify the situation and prevent misunderstandings. It also serves as a reliable reference in a dispute. 

This is particularly important in situations such as:

• Buying or selling land
• Renting out your property 
• Allowing someone to live on your property, such as a family member or friend
• Hiring someone to work on your property, like contractors or landscapers
• Sharing property among co-owners
• Granting easements or rights of way

A property lawyer can help you with most of these agreements. 

If you are renting your property

If someone is paying you rent in exchange for living in your place long-term (more than 28 days), you must use the standard lease form, Form P. 

This ready-to-use contract simplifies the rental process while complying with Nova Scotia's Residential Tenancies Act. It ensures legal safeguards for both landlords and tenants. 

It is relatively user-friendly and detailed. It addresses matters such as rent payments, maintenance duties, security deposits, and termination terms. It fosters fairness and transparency and helps establish a healthy, cooperative landlord-tenant relationship. 

You should also consider using a lease when you give shelter to a family member or friend. Even if you don’t intend to be a landlord, it can sometimes be best for everyone involved to form a residential tenancy by signing a lease agreement. We have more information about:

• Giving shelter to a family member or friend
• The advantages of forming a residential tenancy

A rent-to-own agreement is any agreement where the prospective buyer agrees to rent the property before the sale. The rent payments are usually credited toward the future purchase of the property.  

Rent-to-own agreements take different forms. They can be written as option-to-purchase agreements where the tenant/buyer gets a right of first offer at a future date. They can also be written as purchase and sale agreements with a lengthy period in which payments are made in installments. Each agreement comes with its own set of risks and complications. 

Rent-to-own agreements are not prohibited by Nova Scotia law but are generally not recommended. That’s because there are a few basic problems with them:

• The agreements simply take too long to complete. The longer it takes to perform the terms of a deal, the more time there is for something to go wrong. 
• The prospective buyer’s financial situation is usually not good, which increases the chance of them defaulting on the deal's terms. 
• The parties often enter into the agreement without consulting a lawyer first. In those situations, the terms of the agreement are often poorly worded, ambiguous, missing important details, or fail to consider obvious scenarios. 
• The Residential Tenancies Program generally does not intervene in disputes about rent-to-own agreements, so if one arises, the case may end up in the Nova Scotia Supreme Court. 

Like any other real estate transaction, you should consult a property lawyer before signing a rent-to-own agreement. 

Creating a Will is a wise decision, even though it is not legally required under Nova Scotia law. 

A Will is an important estate planning document that can help reduce the likelihood of disputes about your property after you die. 

Having a Will can give you peace of mind, knowing that your wishes are clearly outlined. It also simplifies the process of your family or friends managing your affairs after your passing. 

There are many good reasons to make a Will. For example, a Will lets you:

• deal with your important things the way you want to,
• name someone who will carry out your wishes,
• give some or all of your estate to your common-law partner (without a Will only married spouses and registered domestic partners inherit),
• give something to a friend, a charity, stepchild, a relative through marriage, or to someone else you care about (without a Will only married spouses, registered domestic partners, blood relatives or legally adopted persons inherit),
• name someone to care for children or others who depend on you,
• make sure your pets or other animals will be cared for,
• save money and time by stating your wishes,
• arrange how a business you own will be handled
• help your family and friends handle your affairs after you die,
• lessen stress for your family and friends,
• lessen confusion about your wishes, and
• prevent possible disputes over your possessions.

Here is more information about making a will. 

An estate is the assets a person owns when they die. 

When an estate includes land and isn't handled promptly, it can lead to various disputes, such as:

• Use and Maintenance: Conflicts may arise over how the property is used and maintained while waiting for distribution.
• Carrying Costs: Disagreements regarding carrying costs like property taxes and mortgage payments can occur.
• Proper Administration: Ensuring proper administration becomes challenging, especially with multiple beneficiaries or if a beneficiary passes away before the property is distributed.

The longer an estate's administration takes, the more likely complications will occur. Handling the estate promptly minimizes the potential for disputes. 

Here is more information about dealing with an estate.

Building and maintaining positive relationships is key to avoiding land disputes. It’s usually much easier to address an issue when the people involved have a positive relationship with each other.  

Good communication, mutual respect, and understanding can help prevent conflicts over land use, boundaries, and ownership.

Here are some key practices to help achieve this:

• Get to know your neighbours: Identify some things you have in common (besides just owning property in the same area).  
• Find positive topics to talk about: Balance out serious conversations with some light-hearted ones.  
• Respect boundaries: Ensure property boundaries are clearly defined and that you respect them. 
• Consult: Even if you have the right to do something, consulting with the people who are impacted by your decision can nurture positive relationships.    
• Collaborate: Whenever possible, try to involve all relevant parties in decision-making processes.
• Document agreements: Keep written records of property use or boundary agreements.

Following these practices can reduce the likelihood of land disputes and foster a more peaceful and cooperative neighbourhood.

The saying "good fences make good neighbours" is often true.

Maintaining a reasonable amount of privacy from your neighbours can help prevent disputes. 

As long as the property boundary is clear and not in dispute, your property may benefit from privacy features such as:

• Quality fencing
• Outbuildings like a shed or garage
• Gates
• Landscaping
• Other privacy or security measures recommended by an appropriate contractor

However, these features are only helpful if the property boundary is clear and undisputed. If the boundary is unclear or you and your neighbour disagree on its location, it's important to resolve the issue before building on or near the disputed area.

If you're involved in a boundary dispute, consult with a lawyer promptly.

Here is more information about options for dealing with a problem with a neighbour. 

Knowing how to handle property-related disputes can make them less stressful to deal with. If a dispute arises:

Prioritize your safety: When dealing with a dispute, always ensure your personal safety first. 

De-Escalate the situation: If safety allows, try to de-escalate the situation by:

• Maintaining a calm and non-threatening demeanor.
• Using active listening to show empathy and understanding.
• Avoiding raising your voice or using aggressive language.
• Giving the other person space and time to calm down if needed.
• Focusing on finding a solution rather than placing blame.

Communicate clearly: If verbal communication is ineffective, switch to written communication to create a clear record and avoid misunderstandings. 

Understand the nature of the dispute: Although some compliance issues fall within the jurisdiction of a particular government department, most property-related disputes are civil matters. That means they are private disputes between the people involved, and unresolved disputes go to civil court rather than to a government department. 

Gather documentation: Collect all relevant documents, such as property deeds, surveys, and any agreements related to the property.

Seek legal advice: Consult with a real estate lawyer to understand your rights and the legal options available to you. If a dispute arises, it’s usually best to consult with a lawyer early in the process. 

Consult a lawyer before signing anything: Do not commit to any agreements related to your property without consulting a lawyer first.

 Explore alternative dispute resolution (ADR) options: Consider mediation, arbitration, or negotiation as they are less time-consuming and costly than going to court.

Consider litigation: If all other dispute resolution options, you may need to pursue legal action to protect your interests. This should usually be treated as a last resort. Consult a lawyer before you decide whether to litigate.