Canadian title insurance question: I bought an older house, and the basement floods every spring.?

Question

The reason why is there is a big parking lot beside me that the snow sometimes gets plowed up on the side facing our house, and the slope of the land goes towards my house. This was not disclosed in any of the purchase documents, nor during the house inspection. When I complained to the owner of the big parking lot they said, "oh yes, that's a problem, there was a big flood once, every one knows about it...better get your foundation fixed." Nice.

Can I make a claim on title insurance since I feel this information was deliberately withheld? Everyone may have known but I moved in from out of town.

When answering, please remember this is a Canadian law question.

I bought this in late summer, the basement looks okay, it just floods in the spring. It isn't stupid if there's no sign of a problem, including the inspector who couldn't see any problems. A new person in a small town, I have run into a lot of "common knowledge" stuff that of course isn't common to me. To the person who told me I was stupid, you are incredibly rude. If karma exists, you may find yourself in a similar situation.

Yes, I have homeowner's insurance. I was just wondering about the title insurance because this was an existing, known but hidden, problem with a house. Most home owners insurance doesn't cover flooding unless you ask for flood coverage. It doesn't get that bad that it would destroy everything down there, but I would like this situation fixed.

Which I guess leads to, should they dump snow where they know it will cause damage to a neighbouring property, even if the snow itself is on their side? Hmmm.

Answer 1

Consult a local lawyer. It shouldn't cost for a consultation.

There are lots of issues raised by your question, enough that even if an answerer actually knows Canadian law they would not be able to provide a full answer. I for instance don't even know enough about Canadian law to know whether it is just Canadian law that matters, or if provincial law also matters.

Here are some of the issues: does title insurance cover it, under the law or under your specific policy? If not, do you have a cause of action against for fraud, intentional or negligent misrepresentation, against the seller? Or for negligence or nuisance against the parking lot operator? Or against the inspector who inspected the house prior to purchase? Is there another insurance policy that might cover the damage -- either your own, or the parking lot operators? Is there a statute of limitation issue, given that this happens every Spring?

You will also have to have a damage assessment, including your foundation.

Answer 2

Not on the title insurance, title insurance just means that the title to the property is clean - ie, no one else can claim any ownership or part ownership of the premises. Do consult an attorney, as you might have a lawsuit against the owner of the parking lot - by plowing the snow up against your side of the lot, the runoff from the melting snow is whats damaging your house/foundation/basement.

So he's actually doing the damage . . . AND he knows about it, but is damaging it anyway. Sounds like an open & shut case to me. He should be paying for the repairs, AND not putting snow there any more.

Answer 3

well , 1st thing is what province you live.
each handles that type of problem differently..

second is that you can always ask the provincal
goverrnment for stocking rights, and start a trout fishing hole
in your basement,

just think of the money you could make.
probably pay off the house in just a few years.?

3rd ly if there is a lot of damage,I would make a claim against
the insurance,secondly if a parking lot is dumping snow near
enough to your house that if floods when melting ,id see about
sueing the contractor of the snow removal company,or the owners of the parking lot.one of them is liable for this mess.

best regards,
and good luck.

Answer 4

you need homeowners insurance not title insurance. If you're that stupid how did you ever manage to buy a house?