I have a property which is in our family trust with a company as the trustee. It has 2 sheds on one end & it is 4000sqm. I want to develope the front of the block which is empty & is approx 2500sqm. I have a tennant in one of the sheds who unfortunately we are having trouble with & we are in the courts trying to move him. He is threatening to sue us for misconduct which has no grounds as we have allowed him peacful use of the area that is suppose to be leased even though he has not paid us any rent but the courts have said we have a lease even though nothing has been signed but we had intent. We are appealing. This man is a con man who has been doing this thing of not paying where ever he goes but we were not allowed to bring his history into the court. My question is can we do the development in another entity somehow by selling the shed before we have built it so that the family trust has not got the asset.
State/Country relating to question: Australia
I am in West Australia. I have not done anything yet as I am not sure how to go about the development with this creep on my tail
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It is one block. We cannot sub divide until we have develop it.
I think I will have to sell the whole block as I cannot sub-divide until the new building has been completed. I was wondering if I could get another company to do the development & take the profit & not involve the company which owns the block. I am trying to find a way to protect our asset from this experienced con man. He has a history of using the civil courts & has been successful over the past forty odd years of tangling people up for many years in the court system. Most of the time he has lost but not before it has cost the property owner several thousands of $'s. We want to put another shed up on the vacant part of the block but not if we can only put it in the same entity. Another way I thought of was to get a second morgage on the property payable to us personally as it owes us. Not sure what to do. Sorry if it is a bit vague but this guy has us worried as I am not confident with court decisions. He is a real "Today Tonight story
Thank you that was helpful. He can't stop me from doing the development but he will keep pursueing me in the courts for compensation as he believes we have not given him peaceful use of the leased property. It won't go anywhere as we have always allowed him access to the shed that he is leasing but we have stopped him from having access to the land that we want to develop. The plan he had was to bring all his trucks & equipment on to our land then we were to fight him in the courts to remove him meanwhile he would have had free use of the land without paying. We stopped him by fencing off the land & denied him access to it. We are now in court to remove him. He has paid no rent since he moved in August 2011. He did this with another group & it took them 2 years to remove him. As I said he is very civil law savvy. He produced emails which were false something he made up, tried to get a VRO on us by geting another man to destify that we swore at him & we were threatening. This never happened as we were not here. He didn't get the VRO but his lawyer used the transcript against us & we had no opportunity to defend ourselves as we had no knowledge of it. You can see what we are dealing with so I want our company with the trust to not own anything so it would be a waste of time & effort for him to come after us again. I don't want to take up you time now so I accept your answer & will consider what you have said.
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