Does a son who is encouraged by his father to build a home at his own expense on the father's property have the right to call for conveyance of the property?
Alberta, Canada
The following excerpt is from H.B. v. S.B., 1996 ABCA 4 (CanLII):
In Dillwyn v. Llewelyn (1862) 45 E.R. 1285, Lord Chancellor Westbury held that a son who was encouraged by his father to build a home at his own expense on the father’s property acquired the right to call for a conveyance of the property, and absolute ownership of the property. The Lord Chancellor was of the view that ownership of the house and the land must be considered as co-extensive and co-equal.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party who has a right of first refusal to purchase a property that is encumbered by a right-of-first refusal be prevented from purchasing the property? (Alberta, Canada)
When a testator begins a matrimonial property action against his ex-wife for his undivided interest in their jointly owned duplex home, does the testator have a right to dispose of the property at the time he wrote the will? (Alberta, Canada)
What are the circumstances in which execution/enforcement creditors obtained interest in the property of one spouse's property after the other spouse commenced an action for division of matrimonial property? (Alberta, Canada)
Does a father who gratuitously creates joint tenancy with his son in a large bank account and in a farm property constitute a gift from the father to son? (Alberta, Canada)
Is a child's father required to contribute towards their post-secondary expenses? (Alberta, Canada)
Does a person have a right to use and enjoy the airspace above their property? (Alberta, Canada)
Does access to public property to utilize public transportation fall within the scope of the s. 7 right to liberty? (Alberta, Canada)
How to balance the Charter-protected rights of mobility rights and freedom of association with those of the public good? (Alberta, Canada)
What is the case law on division of property where inflation and the increase in the value of the property since the time of trial is due to inflation? (Alberta, Canada)
Can an application by an owner for a right to redeem after an order for sale of a property is granted? (Alberta, Canada)
