NSW Tenant using wrong storage cage and car park

[smartdud3]

Hi,

I purchased an apartment with a storage cage and car park due to the confusing numbering between unit numbers and lot numbers another tenant is using my car park and cage. They have been using it for 3 months now. I have left several letters requesting the tenant to vacate, I have spoken with the real estate agent (of the tenant) and the owner is the developer of the apartment and is adamant that the strata plan is incorrect. I have been in contact with my strata manager and confirmed that the strata plan is registered and correct, my purchase is based on the strata plan. Strata have issued a letter of demand and the tenant still haven't vacated. Strata have said this is all they can do.

How do I proceed? I am not sure what my legal rights are in this situation, am I able to cut the padlock on the cage and empty the contents? I just want to ensure that the correct approach is taken. The main reason I am concerned by this is because the cage and car park I purchased are 7m larger than those I am being told to use. I expect that insurance wouldn't pay out any claims that I make if it's not stored on my property.

Thank you in advance

 

[Rod]

Have a lawyer write your letter of demand, send it via registered post.

Give them a reasonable period then turf out their stuff. You have not and never agreed to them using your property so you do not owe them a duty of care as would a bailee. They are trespassing. After the time has elapsed and nothing moved, I'd be going down to the local cop shop with all my paperwork saying I'm moving/junking all this property. Then itemise and take photos of everything and either move it to the parking spot or junk it. Moving it into their parking spot while the car is out is probably the better option.