Elderly siblings face off in court over driveway

Posted on September 15, 2013 by | 0 Comments

Court case concerning not unfamiliar property law issues

Earlier this month our erstwhile consultant Tim O’Dwyer took a week’s grand-parenting leave to be assist with the settling-in of his twin grandsons in beautiful Bulli (NSW). One day, while the new mum and the proud grandparents were taking the little boys on a walk to the beach, Tim picked up a copy of the local newspaper – Illawarra Mercury. His attention was immediately caught by a front page story about a court case concerning not unfamiliar property law issues.

The moral of the story behind this case, which Tim has shared with us all here at Mitchells, is that property dealings (and any assurances given along the way) should always be recorded in writing. Especially if family members are involved. While the brother and sister in this matter may have been a little too casual and trusting in all the circumstances, there may also have been conveyancing solicitors originally at fault here but, suggests Tim, these lawyers had most likely long since passed away (and consequently not worth pursuing in temporal courts).

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