Home is ordered returned to owner
A Finch Crescent home will be returned to its original owner after a court order was issued over a property dispute last Wednesday.
A Finch Crescent home will be returned to its original owner after a court order was issued over a property dispute last Wednesday.
The decision, rendered by visiting Yukon Supreme Court Justice Wallace Darichuk, ruled that the agreement for sale on the 27A Finch Cres. home to Elaine Skiba is cancelled after finding she breached the terms of the March 1, 2005 agreement of sale on the property.
The agreement was amended by a consent order filed Dec. 6.
In the latest ruling over the property, Darichuk also ordered the caveat on the title for the property registered by Skiba be removed by the Registrar of Land Titles, which must also permit defendant Margaret-Anne Racho to transfer the site freely.
Racho was entitled to take over possession of the property at noon today. Failing that, the Sheriff would be called on to evict Skiba.
Before taking over the property today, Racho or someone representing her was entitled to access the home to have an inspection and take pictures as long as Skiba had two hours' notice.
The issue dates back to last August, when Heather and Russell Griffiths removed Skiba's property from the home, changed the locks and signed a new agreement for sale with Racho.
The matter went to Yukon Supreme Court last fall.
The court found Skiba had missed a biweekly payment with Racho in buying the property, but that she had no reason to believe the purchase was in jeopardy.
The Griffiths were ordered to relinquish possession of the property to Skiba, who gained interim possession until the court decided who legally owns the property.
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