I don't have access to a law library and I am rusty in research methods.
HAPPY TO PAY YOU. I have a legal problem...(I am a mum of student on this site)
The problem:
I recently sold my house after 18 years due to financial issues.
1. I had renovated it since purchase in 2001 but had not obtained a completion cert and there was a special clause in the contract that any problems arising out of this would not affect the sale.
2. purchaser bought with no cooling off period
3. after purchase , purchaser did a survey and said I had an encroachment so the original contract was invalid.
4. I told them to go jump and I would refund their money and they could get out of the contract (as a distressed sale they bought it well under market)
5. they refused and instead wanted $50,000 compensation.(because the neighbor has sent a letter from their solicitor saying they will sue for this amount because of the encroachment of my dividing wall onto the neighbours property - they have not spoken to me about it!)
6. we finally agreed to put the $50,000 into a trust account and the recipient would be determined by arbitration...
so I want to prepare for the arbitration.
the relevant facts are:
1. my sold property is a semi , torrens title, NSW (ie there is a common wall with an adjoining property)
2. I renovated by adding an extra storey (it is one level on the other side)
3. the common wall is double brick and instead of having a brick veneer wall (one brick and then cladding on my side) the builder put bricks on top of existing such there is a double brick dividing wall.
(this is a bonus because if the other side wishes to also go up, the wall is already in place. it is also better for noise minimization, fire retardation and so on.)
4. on the ground floor level the two bricks (double brick wall) belong one brick to me and one brick to the neighbor. But on the first floor the bricks ontop of those same bricks (according to their solicitors and the surveyor) are both mine so there is an encroachment the size of one brick. THIS IS THE ISSUE
5.also.. with regard to the house and sale facts above, do they even have a case?
points to research:
1. other cases of similar encroachment of two bricks on top of two bricks common wall in semi (this encroachment poses no problem) - results and compensation amounts
2. other cases of other encroachment (eg fence) - results and compensation amounts
3. on what basis are the new owners entitled to money? (they have no loss )
4. on what basis are the neighbours entitled to sue?
5. until the neighbours sue (and they may not) is anyone owed compensation? (there is no loss yet)
6. is there a time limit? the renovations were done 15+ years ago
7. Real Property Act for any relevant info
8. possessory title - what may be relevant
9. adverse possession - what may be relevant (the semi is torrens title nsw)
10.limitations act 1969 - what may be relevant?
11. arbitration act - how do they make decisions, process etc
any other info.
I am hoping you might think this is an interesting challenge and you would be interested in helping me
As I said I will of course pay you
please let me know your thoughts.
thanks a lot
Francesca (rachy's mum) 0400365465
HAPPY TO PAY YOU. I have a legal problem...(I am a mum of student on this site)
The problem:
I recently sold my house after 18 years due to financial issues.
1. I had renovated it since purchase in 2001 but had not obtained a completion cert and there was a special clause in the contract that any problems arising out of this would not affect the sale.
2. purchaser bought with no cooling off period
3. after purchase , purchaser did a survey and said I had an encroachment so the original contract was invalid.
4. I told them to go jump and I would refund their money and they could get out of the contract (as a distressed sale they bought it well under market)
5. they refused and instead wanted $50,000 compensation.(because the neighbor has sent a letter from their solicitor saying they will sue for this amount because of the encroachment of my dividing wall onto the neighbours property - they have not spoken to me about it!)
6. we finally agreed to put the $50,000 into a trust account and the recipient would be determined by arbitration...
so I want to prepare for the arbitration.
the relevant facts are:
1. my sold property is a semi , torrens title, NSW (ie there is a common wall with an adjoining property)
2. I renovated by adding an extra storey (it is one level on the other side)
3. the common wall is double brick and instead of having a brick veneer wall (one brick and then cladding on my side) the builder put bricks on top of existing such there is a double brick dividing wall.
(this is a bonus because if the other side wishes to also go up, the wall is already in place. it is also better for noise minimization, fire retardation and so on.)
4. on the ground floor level the two bricks (double brick wall) belong one brick to me and one brick to the neighbor. But on the first floor the bricks ontop of those same bricks (according to their solicitors and the surveyor) are both mine so there is an encroachment the size of one brick. THIS IS THE ISSUE
5.also.. with regard to the house and sale facts above, do they even have a case?
points to research:
1. other cases of similar encroachment of two bricks on top of two bricks common wall in semi (this encroachment poses no problem) - results and compensation amounts
2. other cases of other encroachment (eg fence) - results and compensation amounts
3. on what basis are the new owners entitled to money? (they have no loss )
4. on what basis are the neighbours entitled to sue?
5. until the neighbours sue (and they may not) is anyone owed compensation? (there is no loss yet)
6. is there a time limit? the renovations were done 15+ years ago
7. Real Property Act for any relevant info
8. possessory title - what may be relevant
9. adverse possession - what may be relevant (the semi is torrens title nsw)
10.limitations act 1969 - what may be relevant?
11. arbitration act - how do they make decisions, process etc
any other info.
I am hoping you might think this is an interesting challenge and you would be interested in helping me
As I said I will of course pay you
please let me know your thoughts.
thanks a lot
Francesca (rachy's mum) 0400365465