NSW Access property for repairs

[Shelle68]

Hi,
Through this site, I've found out that it seems that as tenants in common, I can't be excluded from property. I intend to go through courts to do the sale by partition. In the meantime, there are urgent issues concerning property fencing, pool fencing and upstairs railings that need to be repaired. Last time we entered the property, he called police and they asked me to leave as he lives there. This was over the phone.
So, if I go again the same process will happen.
What can I do to gain access? It doesnt seem fair that we have to pay solicitor to have access to what is lawfully ours to do important safety repairs.
I even took papers of ownership to police station to explain tenants in common but they said cant help.
There are no exclusion or court orders in place where we can't be near him.
I even contacted council to have pool compliance check as way of forcing repairs but unless he also signs form they can't access property.
There are serious safety issues and he doesnt care but I am very concerned

 

[Rod]

Is it possible to reason in any way with your father? Maybe suggest family mediation might be cheaper than court.

It may be necessary to take this in stages due to your father's hostile attitude.

Possibly start by getting court orders granting access to you and tradies. That way if he stops access he can be held in contempt of court, and is easier getting an exclusion IVO on him.

Second stage is getting court orders to sell the property.

Or take one bite and get court orders selling the property and granting access, and possibly excluding your father from the property. Might be hard though to exclusion as he does live there.

Suspect you are going to need a lawyer to help you through this messy situation.

 

[Shelle68]

Thanks for advice_-not chance of mediation as although parents were separated 20yrs, he expected to inherit her share- she left to her half to us girls and he is angry about that. He has potential to be violent so I think unfortunately court seems way to go- trying to avoid as my sister is recovering from recent floods and we had expences and debts with mums estate. Stressing about fencing as a child could easily gain access to pool as fencing falling down.