Undivided MANITOBA property owner's rights. Are my

My_question_is: Canadian-specific
Subject:        Undiviided property owner's rights. Are my hands tied?
Expert:         taxman at centa.com
Date:           Wednesday October 12, 2005
Time:           08:13 PM -0700
QUESTION:
I have been receiving your emails daily for about 2 years now and am always
impressed as to the extensive knowledge your firm has into law. I had once
asked a question that was kindly answered in less than a day. Once again I
am seeking your help on a law point that I am having a difficult time
finding information on locally. I would greatly appreciate any information
you can provide me with.
I have a 50% undivided interest in a piece of commercial property left to my
sister and I through inheritance. The property consists of approx. 6 acres ,
Approx 3 acres is pie-shaped waterfront with the other 3 acres having a
commercial building that was once housed a Rest. and Bar with living
quarters. All of the property is zoned commercial and sits along the highway
on a lake.
My question is this. I have been left holding the bag so to speak. My sister
does not live here by her choice but I do use a portion to live in. Somoone
must remain on the property becuse of vandelism and to keep the building
free from frezzing up resulting in pipes bursting etc. The entire building
is heated by wood-furnance. It takes about 10 cords a winter to heat. The
roof now leaks badly and though I have been replacing the
water-pump...mowing all the grass...and simple repairs the buliding needs
serious renovations. My sister will not agreee to offer to lease small
summer lots even though she has payed no maintinance costs or taxes and even
feels she should recieve rent from me. It costs me morwe to live here than
if I rented an apartment in town. I jave an offerr to lease lots that will
pay for the up-keep and taxes which I cannot afford. Most of the taxes are
on the waterfront land which I do not use nor do I even own a boat. There
are driveways to maitain and snow to shovel etc.
Here is my questions - If I am living here and my sister refuses to help
repair the building to stop finnancial loss or by refusal to accept rent for
lot lease which cuases more finaancial loss and then feels I should pay all
the costs is she in her leagl righst? Becuase I am living here and have had
to pay the costs and taxes becuase she hasn't can I recoop by leasing out
lots against her wishes or has she tied my hands and put me in a position of
financial ruin with no way for me to leaglly change it? What happens if I go
ahead and lease lots to pay delinquect taxes and repiars ? Can she stop me?
I really need some advice here as I am suspicious she isdoing this to burden
me into selling to her for far less then worth becuse of the psotion she has
put me in. Thnaks again for your help.
======================================================================
david ingram replies:
You are in a bind that will likely only be settled with the expensive
services of a lawyer.
I am not the person to get your answer from although I tend to be very
effective if you and your sister were to talk to me together with the
agreement to accept my recommendation.
However, since I am in BC and you are in Manitoba, there is not much
likelihood of that.
Interestingly, my first real estate licence was with Fort Garry Realty on
Pembina Highway back in 1964 and I have likely driven past the property in
question because i worked for Health of Animals in Manitoba and literally
covered every farm with cattle in 1958, 59, 80 and 61 when I was vaccinating
calves for Bangs Disease.
Your problem is not unusual and happens on a regular basis when parents
leave property equally to children and one child really wants possession or
has an almost spiritual attachment to a property and the other does not.
I am not a lawyer.  However, I do not know of anything that your sister can
do to stop your renting or leasing lots if you are in possession of the lots
and paying the bills.
If I were you, I would start by billing my sister for your maintenance
services and the taxes you have paid.  A nice official bill prepared with
the help of a lawyer and sent form the lawyer's office.
When she hits the roof, you could offer to lease some lots to help pay it.
If you are in control of the property, it is your responsibility to maintain
the building, etc.,
If you love the property, you should consider a shotgun approach.  This
happens when you pick a price and offer to sell your half to her for that
amount and if she does not take it, you can buy her out for that price. Part
of the offer would allude to that fact.
It is obvious that you have to settle the problem sooner rather than later.
You could try for a partition and get it divided into two half ownerships as
tenants in common.  This would allow you to mortgage your half to get funds
but is still not a good setup.
If she will not agree to sell to you or buy you out, then you have to force
the sale.  You can start this by not paying the taxes and having it put up
for a tax sale.  When your sister sees it being taken away for peanuts, she
will have to do something.  Indeed, you might even buy it out yourself as an
individual from the tax sale taking it away form the two of you.
I am putting this out to the list to see if anyone else comes up with a
solution.  There is at least one University of Manitoba Law School Graduate
who receives this and comments occasionally and we will see what happens.
Good luck and let me know what happens.  (PS - what lake - Falcon, Manitoba,
Gull, Pigeon, Winnipeg?
David Ingram's US/Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
Home office at:
4466 Prospect Road
North Vancouver,  BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 9 AM to 9 PM 7 days a week (please do not fax or phone
outside of those hours as this is a home office)
email to taxman at centa.com <mailto:taxman at centa.com>
www.centa.com <http://www.centa.com/>  www.david-ingram.com
<http://www.david-ingram.com/>
Disclaimer:  This question has been answered without detailed information or
consultation and is to be regarded only as general comment.   Nothing in
this message is or should be construed as advice in any particular
circumstances. No contract exists between the reader and the author and any
and all non-contractual duties are expressly denied. All readers should
obtain formal advice from a competent and appropriately qualified legal
practitioner or tax specialist in connection with personal or business
affairs such as at www.centa.com <http://www.centa.com> . If you forward
this message, this disclaimer must be included."
Be ALERT,  the world needs more "lerts"
This from "ask an income tax and immigration expert" from www.centa.com
<http://www.centa.com/>  or www.jurock.com <http://www.jurock.com/>  or
www.featureweb.com <http://www.featureweb.com/> . David Ingram deals on a
daily basis with expatriate tax returns with:
multi jurisdictional cross and trans border expatriate problems  for the
United States, Canada, Mexico, Great Britain, the United Kingdom, Kuwait,
Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France,
Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia,
Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran,
India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba,
Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK,
GB, and any of the 43 states with state tax returns, etc. Rockwall, Dallas,
San Antonio and Houston Texas
Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration
Tips, Income Tax and Immigration Wizard Income Tax and Immigration Guru
Income Tax and Immigration Consultant Income Tax  and Immigration Specialist
Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax specialist
expert preparer consultant expatriate anti money laundering money seasoning
FINTRAC E677 E667 105 106 TDF-90 Reporting $10,000 cross border transactions
Alaska,  Alabama,  Arkansas,  Arizona,
California,  Colorado, Connecticut,
Delaware, District of Columbia,  Florida,
Garland, Georgia,  Hawaii,  Idaho,  Illinois,
Indiana,  Iowa,  Kansas,  Kentucky,
Louisiana,  Maine,  Maryland,
Massachusetts, Michigan, Minnesota,
Mississippi,  Missouri,  Montana,  Nebraska,
Nevada, New Hampshire,  New Jersey,
New Mexico, New York, North Carolina,
North Dakota,  Ohio,  Oklahoma,  Oregon.
Pennsylvania,  Rhode Island,  Rockwall,
South Carolina, South Dakota, Tennessee,
Texas,  Utah, Vermont,  Virginia,
West Virginia, Wisconsin, Wyoming,
British Columbia, Alberta, Saskatchewan,
Manitoba, Ontario, Quebec City,
New Brunswick, Prince Edward Island,
Nova Scotia, Newfoundland, Yukon and
Northwest and Nunavit Territories,
Mount Vernon, Eumenclaw, Coos Bay
and Dallas Houston Rockwall Garland
Texas  Taxman and Tax Guru  and wizzard
wizard - consultant - expert - advisor -advisors consultants - gurus - Paris
Prague Moscow Berlin
Lima Rio de Janeiro, Santaigo
New York, Boston, Sacramento, Minneapolis, Salem, Wheeling, Philadelphia,
Pittsburgh, Atlanta, Pensacola, Miami, St Petersburg, Naples, Fort Myers,
Cape Coral, Orlando, Atlanta, Arlington, Washington, Hudson, Green Bay,
Minot, Portland, Seattle, St John, St John's, Fredericton, Quebec, Moncton,
Truro, Atlanta, Charleston, San Francisco, Los Angeles, San Diego,
Sacramento, Taos, Grand Canyon, Reno, Las Vegas, Phoenix, Sun City, Tulsa,
Monteray, Carmel, Morgantown, Bemidji, Sandpointe, Pocatello, Bellingham,
Custer, Grand Forks, Lead, Rapid City, Mitchell, Kansas City, Lawrence,
Houston, Albany, Framingham, Cambridge, London, Paris, Prince George, Prince
Rupert, Whitehorse, Anchorage, Fairbanks, Frankfurt, The Hague, Lisbon,
Madrid, Atlanta, Myrtle Beach, Key West, Cape Coral, Fort Meyers,   Berlin,
Warsaw, Auckland, Wellington, Honolulu, Maui, Kuwait, Molokai, Beijing,
Shanghai, Tokyo, Manilla, Kent, Winnipeg, Saskatoon, Regina, Red Deer, Olds,
Medicine Hat, Lethbridge, Moose Jaw, Brandon, Portage La Prairie, Davidson,
Craik, Edmonton, Calgary, Victoria, Vancouver, Burnaby, Surrey, Edinburgh,
Dublin, Belfast, Glasgow, Copenhagen, Oslo, Munich, Sydney, Nanaimo,
Brisbane, Melbourne, Darwin, Perth, Athens, Rome, Berne, Zurich, Kyoto,
Nanking, Rio De Janeiro, Brasilia, Colombo, Buenos Aries, Squamish,
Churchill, Lima, Santiago, Abbotsford, Cologne, Yorkshire, Hope, Penticton,
Kelowna, Vernon, Fort MacLeod, Deer Lodge, Springfield, St Louis, Centralia,
Bradford, Stratford on Avon, Niagara Falls, Atlin, Fort Nelson, Fort St
James, Red Deer, Drumheller, Fortune, Red Bank, Marystown, Cape Spears,
Truro, Charlottetown, Summerside, Niagara Falls, Albany STAR WARS
ask international income tax expert preparation & immigration consultant
david ingram, North Vancouver, BC, Canada experts on RRSP RESP IRA 401(K)
radio CKBD 600AM 9 AM Sunday mornings on Fred Snyder's IT's YOUR MONEY

Comments (0)


CEN-TA Cross Border Services - Tax, Visas, Immigration
http://www.centa.com/article.php/UsCaWeekofMon20051010002103.html