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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have a property left to me with two titles one my

Customer Question

I have a property left to me with two titles one my residental home the other I allowed my son to live in. He has, through grossly littering the garden with untidy 'junk' and rubbish, including things such as settees, armchairs etc. The nature strip also has lots of simmilar rubbish.
I had arranged to have a service which provides large skips to remove the rubbish and by chance, a few days later received a notice from the council to have the rubbish removed from both the nature strip and the garden, or face a fine of $18,000.
The skip provider arrived on shedule and on being harassed by my son, was not even willing to load the rubbish from the nature strip. My son, whom I advised of the clean up plan some days before, said that as the resident of the property, he had the power to over ride my intention to remove rubbish and not allow other people onto the property to do so.
I paid the skip provider a fee for comming to the property.
I have advised the council of the above and seek advice on what action to take next for
which they replyed that they will take into account my efforts to comply with the order before issuing a fine notice.
My problem now is where do I go from here, the neighbours are complaining about the smell,the infestations of mice rats and snakes. Having been willed the use of the two properties for my life time, am I entitled to get access to to remove the rubbish from the property?
Thanking you in anticipation for a reply
Patrese signing on behalf of the writer
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

As the owner of the property you can be held liable for the mess that your son is making. It is the same as if he was a tenant.

If your son will not give you access then you have to file an application with the court to get access.

Your son has possession and he can refuse you access if he wants. Only a court order can change this.

I hope this makes sense and is of assistance.