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View Full Version : Help, we need some advice!



Julia
08-Mar-07, 21:57
X and Y own property in the same block, X asks Y to split bill for repairs plus extra improvements, Y agrees but only wants to split for neccessary repairs not improvements, X now demanding cash for all repairs and improvements or will take Y to court.

No witnesses and no signed agreements, what is Y to do? :confused

Alice in Blunderland
08-Mar-07, 22:03
Tell x to bring it on .Y never signed anything. :lol:

Victoria
08-Mar-07, 22:05
X doesnt have a leg to stand on as there is nothing signed to say that Y agreed to the situation.

X could take Y to small claims court but their not guarenteed to win and may end up having to pay all the court costs.

I'd try to come to some kind of mutual agreement though as their gonna have to live next to each other!!!

Oddquine
08-Mar-07, 22:11
Tell x to bring it on .Y never signed anything. :lol:

I'd say the same if there is nothing in writing.

If Y has no witnesses to agreeing to repairs only, equally X has no witnesses to agreeing to improvements.

So it is X's word against Y's.........and provided Y is happy to pay for necessary repairs, I can't see that Y would be liable for the cost of unnecessary improvements decided on by X without consultation.

It would maybe be different if all had been agreed beforehand and Y had reneged on paying their whack.

But I agree with Victoria, to an extent.................if the improvements benefit Y and add value to Y's property, then it might be fairer to make a contribution...and keep the relationship amicable.

Bobinovich
08-Mar-07, 22:17
Let's put it this way, I'd prefer to be in Y's shoes rather than X's!

Malcolmdog
09-Mar-07, 00:06
X and Y own property in the same block, X asks Y to split bill for repairs plus extra improvements, Y agrees but only wants to split for neccessary repairs not improvements, X now demanding cash for all repairs and improvements or will take Y to court.

No witnesses and no signed agreements, what is Y to do? :confused

Are X any Y joint tenants/ tenants in common of the same property or are they both owners of abutting properties needing to share the costs of repairs and extra improvements?

If they are neighbours of linked homes, then they both should check your deed/transfer of land to see what obligations each of the owners has to repairs etc of the common elements.


A verbal agreement can be upheld in court - depending on the situation.

What Y or X define as improvements - may in fact be necessary repairs - depends on what the improvements are - upgrading the electrical panel / plumbing could be an improvement much needed.