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WA Property Law - Prevent People from Moving Motorcycle Without Permission?

Discussion in 'Property Law Forum' started by Chris Kennedy, 10 February 2016.

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  1. Chris Kennedy

    Chris Kennedy Member

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    Hello,

    This morning my Strata is having the property exterior walls painted including the car park. My motorcycle was parked in close proximity of the wall, therefore, the painters decided without my permission to drag my motorcycle away from the wall so they could paint the wall.

    It has been dragged because the pavement has scratches in it, leading the kick stand wheeling the vehicle is impossible due to wheel locks on the bike.


    I do not want them to drag my property around the parking space ever again. Can this be seen as illegal conduct under Property Law? Is there anything about this that can use prevent them from touching my property again especially moving my vehicle without permission?

    The vehicle appears to have no damage; I just don't want them to touch it!

    Thanks for any help.
     
  2. Tim W

    Tim W Lawyer

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    Was your bike on the common property, or in a marked space?
     
  3. Chris Kennedy

    Chris Kennedy Member

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    Thanks for the response.
    My motorcycle was in a marked parking space designated for my property.
     
  4. Tim W

    Tim W Lawyer

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    Short of attaching a notice to the bike of where to find you, or
    parking your bike in the middle of your space (ie clear of the wall), not really.

    Look at it this way...
    Painting of that wall now finished?
    Bike undamaged?
    No loss of any other kind?
    Painter's actions able to be characterised, in the alternative,
    as a genuine, if clumsy, attempt to avoid damaging the bike?

    Maybe just be grateful that they didn't splash it with paint,
    and move on?
     

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