Property Promised then Taken

[mcgayle]

Hello, I am hoping someone can educate me ....

I am in a hostile situation where I was told the house I am in is mine and I was promised this home before I moved in and was told repeatedly over last 5 years and during major repairs that he was just the landlord/owner on paper and that I was the real owner so responsible 100% for repairs as it is my home...

He is a deranged family member who out of retaliation is trying to evict me now from this home that was bought for me. I have been in and out of small claims hearings for repairs at my expense on my own, he has spent zero dollars in 5 years.

In that last 4 years every fight we had it came up about my going into debt for the needed repairs ....he had told me several times during our fights that he would gladly sign over the deed which I would argue back saying once I was out of debt with the repairs I will gladly take it...

This house was in such disrepair that I had serious medical set backs and life endangerment issues and he did nothing to remedy the matter again telling me it is my problem because it is my house.

A month before my debt was zero he tried to evict me and we go to a residential hearing in 2 weeks. He wants to sell the house just to make me homeless and claims he is now the owner and landlord.

This male who is my bio father is also being investigated for crimes he committed against me so now wants the house back yet it was mine until now and never would have spent all the money and energy fixing it up that put me into over 10,000 in debt. I originally took the house because he owes me at least that for damages he did to me.

He just wants me homeless in spite.

I do have a written note where he admits that he told me the home was mine....

Please direct me to any common law that may assist me..I have looked at unjust enrichment and express trust......any help would be appreciated TIA

[standing on the sidelines]

I am sorry but I think you have the wrong idea. The common law that this site refers to is common law marriage. I think you need to look at civil law for the issues with your father.

That beig said I am thinking that any verbal agreements are not any good. The written note may be somthing that will work in your favour. It would have been better to have a formal agreement but it is too late for that.

Now the kicker, you paid for repairs for a house that was suppose to be yours and now he says he is the landlord and he wants you out. If you can prove the repairs that you made and have the bills for materials etc you may have a real good case against him with the tibunal. He cannot have it both ways either he gave you the house and all repairs were your responsibility or he is the landlord and he has certain things he has to do under the landlord and tenant act. One of those things is to make sure that the rental until is fit for habitation.

One thing I do not understand. He offered before to sign the house over to you but you refused it?? Is the house paid off?

[mcgayle]

Oooppsss, sorry had no idea I was in the wrong place....

Thanks for your replying....

I was in the hospital when the offer was made, he paid the house in full in one payment as the gift to me-he didnot want to have anything to do with a mortgage because it was my gift....as a gift to me....

I was not well enough to assume full responsibility at first and the discussion was that once I was up and running I would take it over...... that never came because the house had serious mold and cigarette issues both I am severely allergic too, both hidden by previous owners. I also have disabilities that limit the work I can do and I have new medical issues because of the work and house issues so never did get well enough to take it over and by that time I was so sick and in debt with repairs/materials or paying others to do the repairs...then POOF....a notice to appear in Residential court for eviction.

I even took a part-time job to pay off the debt and was nearly to zero when I was served papers. I had difficulty working but was motivated by one thing: to get that deed.

I planned to get the deed by last December. He left a note in my house without my permission to enter in November that I was to be out by March.

This after I watched him looking around the property at the work I had done..... He has a habit of dangling carrots and then after I 'earn' them..taking them away...I just thought this time after my hospitalization/near death he would not attempt it again....but now that the home is suitable and healthy and upgraded.........

He also stated under oath in a small claims matter against the previous owners that I filed and paid for, 'that he bought the house for me and knew nothing of the issues of the house because it was noy his house, it was my house'..

eta: after a few months I told him I could no longer live there and to put the house up for sale, he said he would not tell the new owners about the health issues and work and with that he knew that I would keep my in the house until the work was done because I would not have another person go through what I did, it would have killed a child/person with asthma......so I stayed to do the work because I knew he would not disclose the issues and through doing that work I said I would stay and keep the house after all.

It work is mostly done and I am getting evicted. Drafty/leaky windows he knew about from day one had not been replaced so had that on my TO-DO list this year.

[standing on the sidelines]

may I ask where you live, what province?

[mcgayle]

Standing,

I live in Nova Scotia.

It is sort of how I posted at the wrong place. I was served on Friday and unable to sleep since then so late night searches for anything that resembled related law and by the time I found this board I was thinking I was at the right place because it was a direct google link for common law. I was thinking British Common Law---> property law.

I did find retaliatory eviction and that I could 'possibly' have the matter suspended at the tenancy forum which would allow me to get my civil matter filed against him and his wife for far greater damages/amounts.

[standing on the sidelines]

Standing,

I live in Nova Scotia.

It is sort of how I posted at the wrong place. I was served on Friday and unable to sleep since then so late night searches for anything that resembled related law and by the time I found this board I was thinking I was at the right place because it was a direct google link for common law. I was thinking British Common Law---> property law.

I did find retaliatory eviction and that I could 'possibly' have the matter suspended at the tenancy forum which would allow me to get my civil matter filed against him and his wife for far greater damages/amounts.

good for you. I hope that you win your case against him. I am thinking that when it goes to court you have a really good case. Let me know how it turns out.

[mcgayle]

good for you. I hope that you win your case against him. I am thinking that when it goes to court you have a really good case. Let me know how it turns out.

Thanks for your words of support Standing...I really can use the part about how he cannot have it both ways...I have 5 years of proof that I acted as the owner and he did not. I have medical records of the damages to my health while doing the work and being left to do it.

I have a neighbour/friend filling out a questionairre on what she observed...her immediate reaction is that how can he do that when he did nothing for that house and you did everything putting you into debt.....so that should help too..... evidence and support is one thing but really have to rely on the ethics and humanity of the adjudicator.....

This matter is both legal and moral issue.

I will give updates when I can.