KVV Inc. Attorneys

Losing Your Property to Acquisitive Prescription

KVV Inc Attorneys

Published on: 04/03/2025

This "civil possession" requires physical control with the intent to own, regardless of awareness of true ownership. Possession must be without force, secrecy, or permission. A recent case highlights the risk: a neighbor's 31-year open use of a portion of a company's land as a nursery and park, despite some illegal activities, resulted in the court awarding ownership to the possessor. Property owners should actively monitor their land and take action against any unauthorized occupation to avoid losing ownership or facing prescriptive servitudes. Buyers should thoroughly investigate properties for potential occupiers before purchase.

Property Law

Bond Clauses: Beware the Deadlines!

KVV Inc Attorneys

Published on: 04/03/2025

buyer's failure to secure bond approval by the deadline, even with a seemingly agreed-upon extension (that wasn't in writing as required), invalidated the sale. Despite later attempts to waive the bond clause, the sale was already void. The buyer got their deposit back, while the seller faced losses. Sellers: ensure written extensions. Buyers: diligently pursue financing to avoid losing your deposit.

Property