NSW Unpaid bill for storage of property.

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WorriedMum2

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6 January 2016
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I have just taken over the estate of my late father and have discovered that the property that is in the garage belongs to a person that initially came to an arrangement with my father to store the property in his garage. It includes personal items of no or little value, some tools and a trailer that has it's registration lapse.
The arrangement was made for $30 a week and the person paid my father $120 to cover the first month but has never returned nor paid anything more since. This was between 4-5 years ago.
I want to retain control of the property until the bill owing is paid, am I free to do this? In the event that this person does not pay I would like to take ownership of the property so that it can be retained or sold particularly the trailer which is the most valuable item.
What are my rights in respect of this?
 

Rod

Lawyer
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27 May 2014
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How long ago did your father die?

Your rights may be limited if nothing has been paid for 4 years. Seems like the debt may have been forgiven by your father if his death was not long ago.
Do you have any evidence suggesting an amount is outstanding?
 

Tim W

Lawyer
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28 April 2014
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I agree with @Rod .
The first thing you will have to do is to prove that the debt exists.
And no, you basically can't hold the property to ransom.