Legal Hypothetical: Trouble in paradise Hypothetical - A Legal Look Property/Sports/Opinion - popup ad by News Of The Area - Modern Media - October 24, 2024 AFTER David’s wife died, he and his daughter Jenny purchased an idyllic property, comprising two cosy homes and enough space for a few cows and a decent garden. However, as with many family ventures, life introduced unexpected challenges that threatened to unravel their peaceful paradise. The trouble began when Jenny invited her partner to live with her. David initially welcomed the addition of an extra set of hands, and he did enjoy Jenny’s partner’s company. However, unfortunately for David, Jenny became more interested in her new friend and David was left to care for the cows, maintain the property and ensure all the bills were paid. David felt frustrated and anxious about what laid ahead…. this was not working-out as he expected. Nevertheless, David was conscious not to cause a rift with Jenny, as she was very happy. Rather than allowing the situation to spiral into a bitter dispute, David and Jenny realised that preserving their familial bond and peace on the property was paramount. Together they sought legal advice to craft a comprehensive deed to govern their shared living arrangement. The deed, akin to a “tenants in common agreement”, outlined clear divisions of responsibility and space. David and Jenny each retained exclusive use of their respective homes, ensuring their privacy and autonomy. The deed also detailed how shared areas would be maintained, the looking after the cows and garden, and expenses such as utilities, repairs, and rates, would be fairly divided. Moreover, the deed established an efficient conflict resolution mechanism. In the event of a disagreement, the parties agreed to engage in mandatory mediation, with the option for binding arbitration if necessary. By clearly defining the boundaries of ownership and responsibility, the deed provided much-needed clarity and security. Jenny’s partner, though initially the cause of conflict, was also considered in the agreement, ensuring that all parties had a stake in maintaining peace on the property. Thank you to Anthony Fogarty for his assistance with this column. Email Manny Wood, principal solicitor at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487. This fictional column is only accurate at today’s date and cannot be relied upon as legal advice. By Manny WOOD, Solicitor