URGENT PLEASE! Retirement Village Lease - Carspace Title Dispute

[Jado]

Hi,

Hoping someone may know the legality of the 'ownership' of the car space in the lease of my mothers property. She has dementia and is in care, I am power of attorney and have been trying to sell her apartment for 3 years -through an agent, not Aveo the village operator.

We have an offer! yea! But I spoke with the Aveo sales manager (who isn't the official 'agent') as I need to sign a form for refurbishment and he 'mentions' that the car space does not go to the new lessee. As Aveo are not the selling agent they are making no money from the deal, but it seems they want to charge the new lessee $20 k for the car space. He says the title of the car space is mostly always separate.

In my mothers lease though the car space is part of the TORRENS TITLE on lease with no separate lease for the car space, it says "Residential premises and car space" Also The disclosure statement within the lease states that the new apartments (hers was) came with included car space.

So we had the property for sale with AVEO back in 2010, 2011 but they couldn't sell it. In the correspondence with the AVEO sales team at the time they were always selling the apartment "with car space". On the phone with the Aveo sales manager today he says it was the Aveo sales team discretion to "include" the car space with the advertised property at the time and its their discretion to re-lease the property now without it included.

Is he legally correct? Can the property description in the TORRENS Title be split out when re-signing the lease considering the value paid is inclusive of the car space as a title feature?

Hope someone knows this, this is only just happened and i will be getting a solicitor (hopefully tomorrow) but I would really appreciate it is someone has some knowledge that could assist.

 

[thatbum]

I don't get it. Are you selling a torrens title property or a retirement village leasehold property?

 

[Scott No Mates]

This is one for your solicitor to advise - either you are assigning the leasehold (under Torrens Title) , strata (torrens title) or may be TT with an exclusive use by-law. Without seeing the title, we are in the dark.

Disciphering what you have described, it may be leasehold (very likely) but there may be some dispute over your ability to assign the parking space. IF the parking space is included in the lease, it should pass with the lease unless there is something prohibiting its transfer.

 

[Jado]

I don't get it. Are you selling a torrens title property or a retirement village leasehold property?

I am not sure of the ownership status; but below is the main page of the lease, as there is a value back to Shirley (my mother) for this lease I was hoping the Torrens TTL is transferable and inseparable by AVEO.

I will be getting onto a solicitor shortly.

This is one for your solicitor to advise - either you are assigning the leasehold (under Torrens Title) , strata (torrens title) or may be TT with an exclusive use by-law. Without seeing the title, we are in the dark.

Disciphering what you have described, it may be leasehold (very likely) but there may be some dispute over your ability to assign the parking space. IF the parking space is included in the lease, it should pass with the lease unless there is something prohibiting its transfer.

Here is the redacted front page, not sure if this will give you the info to decipher the answer. Tied with with work from now till 2am so any info before i can see them will be great.

Cheers,
jason

 

[Scott No Mates]

Would definitely need to review the entire document as the assignment provisions, subletting rights etc will come into play.