VIC Sister's Furniture from 17 Years Ago - Property Law Rights?
- Thread starter LMC
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- property law
It's been 17 years and you're selling it now, when you happen to not be speaking to her? I don't know what your property rights are in Victoria, but I can tell you that you shouldn't do it. If you've hung onto it for that long, it obviously has some meaning for her, or you, or both. And that just adds weight to the 'don't sell it' argument.
If you do sell it, I can predict one of two things happening (regardless of whether you have the right to sell it):
1. You and your sister will reconcile, but she'll be angry at you for selling it - which will degrade your relationship; or
2. You and your sister will not reconcile, and she'll be throwing blame at you directly and through the family until the end of time.
Unless it's somehow going to change your life dramatically for the better by selling it, neither (1) nor (2) are worth it in my opinion.
If you do sell it, I can predict one of two things happening (regardless of whether you have the right to sell it):
1. You and your sister will reconcile, but she'll be angry at you for selling it - which will degrade your relationship; or
2. You and your sister will not reconcile, and she'll be throwing blame at you directly and through the family until the end of time.
Unless it's somehow going to change your life dramatically for the better by selling it, neither (1) nor (2) are worth it in my opinion.
I joined this forum to get some professional advice on my rights as a person to property I am not sure if you are a lawyer but the reasons why I want sell the item and the circumstances to my relationship with my sister. I find this an unprofessional anwer for a lawyer those factors have no relevance to the rights I have.
Thank you but making decisions in life are hard enough with out someone saying they are a lawyer trying to tell me what to do. I thought this site was for legal advice so Rob if you can't tell my legal rights than why answer so not professional.
You need to give your sister an opportunity to collect her item - at least 30 days, or longer if she is in a different state/country.
If you fail to provide her with the opportunity to collect her item she could win a case against you for incorrect disposal of her property.
It is not your property and you do not have a right to treat the property she loaned to you as your own to dispose of. Not speaking with your sister does not confer extra rights on you.
If you fail to provide her with the opportunity to collect her item she could win a case against you for incorrect disposal of her property.
It is not your property and you do not have a right to treat the property she loaned to you as your own to dispose of. Not speaking with your sister does not confer extra rights on you.
Just because someone tells you what you need to hear instead of what you want to hear doesn't mean you shouldn't listen with an open mind.
My comments were my professional opinions. You can have whatever opinion of it that you want, just as I gave you my opinion of your situation. It doesn't affect me if you don't follow it. Any lawyer here will have at least a handful of stories about the opinions they gave a client which wasn't followed. For what it's worth, I would tell the same thing if I was being paid for an opinion.
Sometimes when you're dealing with a client, you need to tell them, "You might have the right to do that, but it's not correct to do it." A good lawyer will give you that advice. It's why they train lawyers in ethics as well as law, because doing the right thing should always take precedence. What I see is that you've held onto something for 17 years, and now want to sell it because you're angry at her. You don't hang on to a burden for 17 years without doing something about it, so it's pretty clear this is more about the anger towards your sister than it is about the furniture. Whether you can legally sell it or not is irrelevant.
Thank you for your reply Rob I can understand your ethic point a view but I have my reasons for getting rid of the item my sister and I have been unfortunately torn apart after my father died around 2 years ago. I had another piece of her furniture and she seen it her right to barge into my house and proceed to drag the large item over my polished timber floors leaving scratches behind.
I was going to take a intervention order on her but she has Power of Attorney of my mother and had her staying with her at the time so I didn't want to make it even more harder to see my mum.
I would like it to be resolved without any more angst but also I have to look after my property, she has taken property from my parent place when she sold it and disposed of it along with my brothers without given us a chance to collect items that belonged to us, locks were changed so we couldn't get into the property n before this we were keeping an eye on mum, helping look after the house and land as my sister lives in another town n was too busy to visit mum except when anything to do with money extra she found time.
I no longer want the item as it takes up room and I want to replace with an item I want. I only have a small place so there is not much storage.
I don't know if this will change your reply but I don't want any more problems so I just wanted to know my legal rights so she doesn't cause more trouble n make it hard to see my mum as she now lives in the same town as my sister so that's why asked for the legal ramifications.
Thank you
Improper use of a POA can be challenged in court. Preventing you from seeing your mother without sufficient reason is likely to be an improper purpose. Your problem is choosing between keeping the peace or standing up for your rights.
If your sister damages your property you can demand damages.
If your sister damages your property you can demand damages.
Thank you Rod for your reply
I have spoken to a number of organisations and a legal firm re my mum's POA and my damages to property but I am sick of the fighting it is just upsetting my mum n than they come up with ways of preventing my me seeing my mum. She suffers severe depression and my main focus is to try and keep it as peaceful as possible for her, and so my brother and I can see her.
She is totally against me fighting the Power of Attorney and as she is suicidal I do not want to cause her anymore pain as she is suffering enough. I also suffer Mental Health problems and do not want to rock the boat as I have been close to hospitalisation since my dad's death after him and mum have kept me out of hospital for around ten years after spending seven years in and out of a psych ward.
I just want to remove the piece of furniture so I have room for my own piece and I have no storage space. It's not a overly expensive piece. I do not want to contact my sister re picking it up I don't believe I owe it to her but I also don't want to have legal problems with it in the future. So I wanted to make sure before selling the piece.
Thank you
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