Print Page | Close Window

Container on property

Printed From: AussieLegal
Category: Business, Commercial, Property, Contracts, IP
Forum Name: Franchises, Leases, Litigation, Trusts, Building, Debts
Forum Discription:
URL: https://www.aussielegal.com.au/forum/forum_posts.asp?TID=24926
Printed Date: 20/January/2018 at 17:48


Topic: Container on property
Posted By: Angels3
Subject: Container on property
Date Posted: 23/December/2017 at 15:55
The family property has been sold whilst my ex husband lives there. Settlement day is 15 January. The new owners have asked us if they can start putting containers on the property this weekend. I have refused but my ex husband has agreed. Can I stop them? I am concerned if anything happens to them I will be liable. Thanks for your advice



Replies:
Posted By: citizen-joe
Date Posted: 23/December/2017 at 21:00
You will not be liable provided you have them sign a disclaimer and put their insurance over the property in place before the containers arrive.


Posted By: Angels3
Date Posted: 23/December/2017 at 22:32
thanks citizen-joe so if I don't want their possessions on the property prior to settlement but my ex husband does is there something I can do?


Posted By: citizen-joe
Date Posted: 24/December/2017 at 05:47
You'd probably need an injunction, but the effect may well be to jeopardize the sale if the purchasers are sufficiently browned off.


Posted By: Angels3
Date Posted: 26/December/2017 at 10:34
No the sale is a great deal for the buyers and they won't back off I am sure. How do I get an injunction? Is this normal practice to ask for early entry?


Posted By: jaazzz
Date Posted: 26/December/2017 at 11:36

Shipping container, plastic containers or something in between?

So clarifying the situation:-

1) The property is the subject of an asset division & has been sold,
2) your ex husband is living on the property
3) The new owners have sought & been granted permission to place some containers on the property

I'm struggling to see any scenario in which you personally could be held in any way liable in the event something should happen to the containers.. Could you suggest one?

Do you think spending money seeking an emergency injunction at this time of year to prevent something as trivial as this will go down well with a magistrate?... Especially if they see the application as little more than vexatious

Do you think the cost of that would be less than any conceivable liability claim against you?

I'm sorry, but I think you should forget it... You have nothing to worry about as far as liability is concerned that I can see.



-------------
Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks


Posted By: jaazzz
Date Posted: 26/December/2017 at 11:39

And also, it;s not unusual to seek permission to move items to a new purchase ahead of settlement... I have done so..

The new owners would almost certainly have taken out home insurance on the new purchases soon after cooling off period.



-------------
Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks


Posted By: emca01
Date Posted: 26/December/2017 at 12:16
yep stress less.... Food for thought - sometimes we disagree with the ex, just because he/she is the ex... I see no problems with what the new owners are asking.... MAYBE you're refusing just because you're letting emotion get in the way? MAYBE? hey I'm guilty of it too now I look back with hindsight....

stress less and save the money, by the time you get to court 15th Jan will have past... I don't think you can really win this one... So let it go...


Posted By: Angels3
Date Posted: 26/December/2017 at 12:36
Shipping containers. They have also tried to fix the dam and other things prior to settlement. This is a business deal not a friendship.
Yes probably stressing too much, yes emotion involved but it has taken me 8 years to get this property settlement done and the house sold and my freeloading ex out of the house. ( I have the 3 children with me and fled the house due to harrassment) I want it moving on smoothly. With my ex trying to negotiate deals he is trying to negotiate to stay on the property I think.
If I am court ordered to stay off the property and he is court ordered to leave the property 3 days prior to settlement does that mean I can take my children onto the property on the 12th, 13th and 14th to say good bye to the home they spent up to 20 years in without problems?


Posted By: jaazzz
Date Posted: 26/December/2017 at 14:35

Apologies for perhaps seeming harsh, but it's entirely possible that you may be the catalyst for things not ' going smoothly'... If he should negotiate something with the new owners re staying on it's entirely their business & nought to do with you.

I understand the whole process may have been an emotional one, but in the eyes of the law that has zero bearing on the future now that a settlement has been agreed to between you & the ex & is in the process of being completed..

As the time in the house was traumatic for you, then surely the place holds no fond memories for you... That said, if you were not antagonistic towards the new owners, perhaps they may allow you to visit after settlement..





-------------
Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks


Posted By: Angels3
Date Posted: 26/December/2017 at 21:25
No problem for the abruptness but I cannot understand that someone can come onto my property and leave containers without my permission. That's what it boils down to. If he is court ordered to leave the property 3 days prior to settlement are you telling me that doesn't have to happen? Really?
This whole experience has shown me that if you are a clever abusive man you can take everything and do as you feel.


Posted By: jaazzz
Date Posted: 26/December/2017 at 21:59

I think what it boils down to is that you finally have orders to deal with your property settlement that took years to accomplish & you should be happy to see an end to it all... It's now under contract to new owners... It's no longer your property... Your ex who is currently residing there has given permission for a shipping container to be placed there.

He may well leave 3 days prior to settlement.. If that were not to happen for some reason, then you could make something of it... Can't see anything coming of it though if the new owners are not fussed by it & you are not disadvantaged by it in some way..

The exception may be if the orders state something like he is to vacate 3 days prior to settlement to specifically allow you that time to have access to it.. Does it say that ?






-------------
Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks


Posted By: Angels3
Date Posted: 27/December/2017 at 08:41
Hi jaazzz yes the orders state that he is to be off the property 3 days prior to settlement. Very succinct orders as my ex was enjoying a nice 3 years stay there whilst my 3 kids and myself were close to homelessness,


Posted By: jaazzz
Date Posted: 27/December/2017 at 23:36

You may know why that order was made, I don't so can't comment except to repeat if his not leaving as ordered disadvantages you in some way then you may have some recourse via the court..

End of the day, it will cost you time & money to pursue & your past & present grievances will have no bearing... Depending on the circumstances you may be able to pursue costs & that may or may not be granted... Your call.




-------------
Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks


Posted By: emca01
Date Posted: 29/December/2017 at 07:40
a slightly different perspective with the same answer...
Do you want the property sold? YES???? then let the new owners have a little give and take...

Go the the property? sure.... Walk the gardens? probably not, but what the heck, as long as no one directs you to leave... Enter the house? HELL NO...

But are you going to reminisce about the good ol' times? or are you going to make sure the ex isn't there? if it is the latter - don't bother...


Posted By: Angels3
Date Posted: 29/December/2017 at 09:05
Me reminisce? No. I have 3 children that spent 20 years there and they may just like to visit the place. We fled from there and could never go back thanks to the injustices of the legal system that protects abusive men/fathers.
Court orders are not worth the paper they are written on unfortunately
Thanks for the help guys..


Posted By: Angels3
Date Posted: 12/January/2018 at 18:32
As guessed settlement is Monday at 5pm and my ex refuses to leave until after 5pm hence breaking court orders and denying his children access. Just a joke really. 😣



Print Page | Close Window