Commercial Neighbor Disputes in Edmonton – When to Seek Legal Action
Posted by on Oct 17, 2021 in Blog, Real Estate Law
When you own or manage a commercial property in Edmonton, it’s likely that you’ll have to deal with neighboring businesses or property owners in some capacity. However, differences in operations, misunderstandings, and other factors can lead to commercial property disputes.
How far these disputes go depends on your unique situation but it helps to know what steps to take and when to seek legal action against your neighbor.
Before we talk about legal action, let’s look at some common commercial property disputes you may encounter in your Edmonton neighborhood:
Common Commercial Neighbor Disputes
Noise Problems
One of the most common disputes between businesses is the issue of noise. Noise problems can be caused by a variety of things such as people, equipment, and even construction.
Most municipalities have by-laws that stipulate when and how much noise is acceptable.
Immediate noise problems can be addressed by the police. However, if the noise is ongoing, you may have to call a municipal by-law enforcement offer to inspect the situation.
If the noise levels exceed what is allowable according to municipal by-laws, the person may be fined.
Improperly Maintained Property
Not everyone has a perfectly groomed property and professionally maintained landscape but sometimes a neighboring business can be so untidy that their property interferes with others in the vicinity.
Most municipalities also have by-laws that dictate how a property must be maintained. Just like a noise complaint, you can contact a by-law enforcement officer to inspect the area in question.
If there is a violation of the by-law, the person responsible may receive a fine or charges.
Property Boundary Disputes
Businesses sometimes argue over property boundaries such as who owns which specific piece of the land. This can come into play when it comes to landscaping, building a fence, trespassing, etc.
Property surveys are helpful in determining boundary lines. So, prior to building a fence, for example, the survey should be updated to reflect the boundary lines’ accuracy.
If it’s not possible to acquire an updated property survey, a property owner may file a quiet title lawsuit and request that a judge determine the boundary lines.
To avoid the costs and hassle of property surveys and lawsuits, you can simply agree on a physical object (such as a fence) to serve as the boundary line between your properties. Each owner would then sign a quitclaim deed to make it official.
In the end, if a property boundary dispute cannot be resolved, you can hire the services of a real estate lawyer and take your neighbor to court.
Harassment
If you have a neighboring business that harasses you or someone in your team, you need to take the appropriate actions such as contacting law enforcement.
By law, harassment is defined as communication deemed derogatory or offensive, threats of assault or violence, offensive physical touching, and repeated acts of intentional alarming or annoying behavior.
Examples of this include loud music, pestering your clients, and disturbing your peace.
In some cases, you may be able to sue your neighbor for harassment by taking your issues to small claim
When to Seek Legal Action Against a Commercial Property Neighbor
Before you contact a lawyer and try to take legal action against a commercial property neighbor over a dispute or issue, it’s helpful to take certain steps to see if you can resolve the problem civilly.
Talking to Your Neighbor and Filing a Complaint
Before you report your concern to a by-law enforcement officer, try to have a conversation with your commercial property neighbor. It could be that they were not aware that their actions and behaviors were affecting you and the issue may end immediately.
However, even if you do have a discussion with your neighbor, be sure to record the address of the violation and a description of the problem in case the issue does not get resolved.
In order to make a complaint, contact the appropriate regulatory body and provide the details of your concern.
Responding to Your Complaint
Once your complaint is received, the regulatory body will create a file specifying your concerns and have an officer open an investigation. The officer may issue a warning to the neighbor to fix the problems within a certain timeframe or issue a fine immediately.
If the regulatory body takes your commercial property neighbor to court regarding these issues, you may have to appear as a witness.
Typically, however, your involvement ends with submitting a complaint. However, there are instances where you can take your commercial property neighbor to court and seek legal action.
Taking Your Neighbor To Court
If you bring up the issue with the neighbor and have the regulatory body intervene yet nothing gets resolved, a lawsuit may be effective.
This will force your commercial property neighbor to stop their actions and behaviors by having them compensate you with money damages for your troubles or issuing an injunction against them so they legally have to stop.
The court will consider taking the following into consideration:
- Was the conduct harmful to your business operations?
- Was the conduct indecent or offensive to the sense?
- Did the conduct obstruct the free use of your commercial property?
- Does the harm outweigh the public benefit of the harmful conduct?
Before you seek legal action against your commercial property neighbor in Edmonton, it’s important to speak with a professional attorney first.
Our team at Heritage Law will help you address your commercial property neighbor-related issues and determine if you have a case before wasting your precious time and resources.
If you’re having an issue with a commercial property neighbor, book your appointment today.
