16 Comments Commercial law, litigation, contracts, IP, property law
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.
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...
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?
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..
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.
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 ?
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.
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...
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..