LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Removing Car from Property While Grandmother in Nursing Home?

Discussion in 'Property Law Forum' started by thegoodson, 31 July 2015.

  1. thegoodson

    thegoodson Member

    Joined:
    31 July 2015
    Messages:
    3
    Likes Received:
    0
    I have had one of my cars mothballed in my grandmother's garage for about 15 years. My grandmother is now in a nursing home and my sister and her husband are now squatting in the house. They are insistent that I remove the car. Can they make me move it or can they remove it without my permission under property law? Or who can make me move it?
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    It sounds as though what your grandmother has granted you is 'license' to use her garage to store your vehicle. In circumstances where this arrangement was made with your grandmother and she has not cancelled that grant of licence for your to use the garage and the property has not legally changed hands, then I would say no your sister cannot make you move the car, but your grandmother can. When the property changes hands upon her passing, then you will need to move it, unless the new owner grants you a similar license. If your sister moves your car it would likely constitute trespass to property.
     
  3. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,713
    Likes Received:
    402
    Squatting in the house?
     
  4. thegoodson

    thegoodson Member

    Joined:
    31 July 2015
    Messages:
    3
    Likes Received:
    0
    yes they are squatting, they have no rental agreement and are not paying rent , the garage/shed is a separate structure from the house on the same property
     
  5. bluetongue

    bluetongue Well-Known Member

    Joined:
    8 March 2015
    Messages:
    29
    Likes Received:
    6
    Does your sister or her husband have a power of attorney for your grandmother? If yes, this document may detail what can be done by the attorney with regard to your grandmother's property.
     
  6. thegoodson

    thegoodson Member

    Joined:
    31 July 2015
    Messages:
    3
    Likes Received:
    0
    no my father has power of attorney for my grandmother, im guessing he could order me to move the car , but i don't think he wants to buy into this little squabble
     

Share This Page

Loading...