VIC Terminate existing storage cage licence so to give vacant possession?

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Lisaj

Member
26 April 2017
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I recently sold my investment property under auction conditions. I had a licence agreement with another owner in the block of apartments for the use of each others storage cage as all 8 units storage cages had been incorrectly numbered and are not by title from the time of being built which is approx 11 years.

I have tried to terminate the licence to give vacant possession to the new purchaser. Copies of the licence agreement were included in the contract of sale but I also included a termination of license to be executed.
I had since then discovered that the licence agreement the other unit provided was for another cage not their numbered cage. The owner occupying my rightful titled storage cage won't move and is looking to go to court on what grounds I do not understand. I have offered to move them etc.

The purchaser wants vacant possession and is looking at rescinding the sale ( over a storage cage.) The body corporate refuse to enter into any negotiations or assist in every owner moving back into their correct titled cage ( size is 900 wide by 1.2 meters deep).Sales agent nowhere to be found, and i am staring down the barrel of handing cash over to everyone ( well it seems that way). Please help.
 
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Rod

Lawyer
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27 May 2014
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Need to look at the termination clause/s in the licence agreement. If you've abided by those then take out the belongings and put them in front of the other owner's cage. Take photos of empty locker and put new lock on cage so items don't just appear back in there. Means you are giving vacant possession and sale proceeds. Then let other owner do what he has to do. If the other owner threatens to get physical call police and tell what you are planning to do and they might come and observe on day of move.