Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Finch

Member
25 August 2017
2
0
1
We are joint tenants on 3 acres (separated for 10 years) and wish to build granny flat for him and I live in the house. I want legal agreement so he and his family can not come into 'my' area, poison my garden or his family to breed more roosters on the property! I also wonder about a joint mortgage ( I'd be paying it off - he wont) or even if have to get a personal loan to build the 2nd council approved dwelling and need legal advice as to ensuring my $ actually goes into the dwelling and not given to his kids? Is there anything else I need to protect myself from - and can this be legally enforced?
 
Last edited by a moderator:

sammy01

Well-Known Member
27 September 2015
4,856
690
2,894
BAD IDEA...
Don't do it.... So yep it is achievable. You could do something like that. Is he going to pay rent if you're the landlord who has funded the granny flat? What if he doesn't pay rent? what if he breeds more roosters even after you tell him not to... I'm not being silly, but there is no such thing as the rooster police... So if he chooses to breed roosters what are you going to do about it? apply to court for him to stop? see how unrealistic it is?

By the sounds of things there is bad blood between you guys. Why would you want to live near him and continue to have problems?
 

Finch

Member
25 August 2017
2
0
1
BAD IDEA...
Don't do it.... So yep it is achievable. You could do something like that. Is he going to pay rent if you're the landlord who has funded the granny flat? What if he doesn't pay rent? what if he breeds more roosters even after you tell him not to... I'm not being silly, but there is no such thing as the rooster police... So if he chooses to breed roosters what are you going to do about it? apply to court for him to stop? see how unrealistic it is?

By the sounds of things there is bad blood between you guys. Why would you want to live near him and continue to have problems?

Thanks for the reply...It is a tricky one. We cant afford to take our halves and live in separate houses - maybe each would get a caravan on a block ...feels like such a drop in living conditions so we have shared for 10 years.Usually good friends. We each own half so he wouldn't need to pay rent- I feel I still ethically owe $20,000 to make things even so Im willing to put up the $ for the shed house / conversion ( he will build it). If things got bad (-yes no roosteralarm police)I can boil the pot for chicken soup and force a sale and he's aware of that and doesn't want to sell either. Its mainly his kids that visit (and own the chooks) I dont trust.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,205
969
2,894
As long as you are joint tenants and not tenants in common your interests are fairly well protected. Is there an existing mortgage? If not make sure the title is somewhere safe that only you know about. You may want to consider putting a caveat on your own property if you do not have the title.