Sunday, November 2, 2008

My Neighbour next door...

Here is an issue that bares some thought and discussion;

If you are a homeowner and your neighbour causes damage or injury to your property, under Canadian Law there is recourse under the provisions of nuisance.

Let us suppose that you have a condo for sale, but you are unable to find a suitable buyer because the adjoining unit owners are heavy smokers. The smells seem to eminate thru the walls and into your unit. Prospective unit Buyers have entered and left; saying that, the odors are the reason they would not buy your unit.

If you sold at a loss (compared to recent sales) or a lesser amount, Is there tangible loss to seek damages from the neighbour? How would you prove your damages? Does the Condominium Corporation share in this liablility?

I would be interested to view the comments and perspectives.

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