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NSW Property Law on Photos Taken of Bedroom - Can I Refuse?

Discussion in 'Property Law Forum' started by Isobel Watson, 1 July 2016.

  1. Isobel Watson

    Isobel Watson Member

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    My ex-husband and I have legally separated as of November last year after I found him having an affair with my best friend...in my lounge room...while I was home. Yes, he's not the brightest spark! lol

    He moved out of our home at the beginning of 2016 as hasn't lived there since. We don't have children; it's just me living there on my own. Since leaving, he has done his best to be intimidating and bullying towards me, however, I have a great supportive family that have helped and stood by me.

    Our jointly owned property has now been listed for sale with 2 real estate agents, one that he chose and one that I chose. We have signed court consent orders, etc., in place that cover all the basics and I have not been difficult about anything despite most people in my situation would have been, I'm just not an argumentative person.

    The agents have both come and taken photos and the only area of the home I asked not be photographed was my bed / bedroom (The main bedroom), however, I did allow them to photograph the ensuite, etc., in the main bedroom, but just felt exposed and vulnerable and intimidated about having photographs of my bed / bedroom which is my private space, on internet ads for all the world to see.

    The agents were both understanding and obliging. However, today I recieved an email from my ex-husband stating that when he asked his agent why there wasn't a photo of the main bedroom on the ad. The agent advised him I had asked it not be photographed. He has now proceeded to email me and is demanding I allow his agent to come and photograph my bed and bedroom as in his opinion this is the ''main selling point of the home'' and if I don't allow it, he will start legal proceedings against me as he says I am purposely ''stifling the sale and his agent''.

    I don't see how a photo of my bed is going to make or break the sale of our home. I feel sick at the thought of having my private bed and bedroom space available on the internet for all to see. Problem is I don't know where I stand.

    I know in a landlord / tenant situation, a tenant would be able to refuse this, claiming quiet enjoyment and privacy but where do to I stand legally under property law when we are both the house owners and I am the person residing there? Can I legally refuse the photo to be taken or will this then leave me open to be taken to court and forced to allow the photo?

    The whole thing just makes me ill with stress and I honestly can't wait for the house to be sold so I can be rid of him for good!
     
  2. euro666

    euro666 Active Member

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    Hi.

    I feel sorry for you as your ex is intimidating you. He can jump up and down but it will not change anything other than the house will be sold. One photo of a bedroom will not change this.

    Ignore the threats and tell him that the house will be sold no matter what and people will come and inspect the house and see all the bedrooms anyway. What a lame excuse to threaten you with legal action.
     
  3. Victoria S

    Victoria S Well-Known Member

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    I agree - I don't know what grounds he would have to threaten "legal action" for something like this.
     
  4. Isobel Watson

    Isobel Watson Member

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    Thank you, yes I know it is just intimidation tactics. I heard back from my solicitor who advised I have the right to my privacy and don't have to allow the photo and that no judge would allow just a petty trivial matter to go to court. So I have politely told him to buzz off, lol
     

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