Is there a lawyer in the house... - Page 2

Profiler (Profiler) · #21 07-03-2014, 07:09 PM

You need to stop discussing the matter here as well and instead continue with a solicitor/firm you engage.

Good luck.

Pinwheel (Doug) · #22 07-03-2014, 07:12 PM

Quote:

Originally Posted by Logieberra

For an issue this serious, I highly recommend that you seek out specialist legal advice.

Your home. The health and wellbeing of your wife. Your quiet, peaceful enjoyment of your land. These are big things!

Also, if you do sell, they can negotiate on your behalf to ensure just compensation.

Thank you & I will, I just don't know who to trust & will they make it worse or better. The lawyer doesn't have to live here with the yobo's.

Pinwheel (Doug) · #23 07-03-2014, 07:13 PM

Quote:

Originally Posted by casstony

Something to keep in mind when dealing with council representatives and company executives is that these types of people can be very smooth talking and place a lot of pressure on you to do agree to things that are not in your best interest - they are often skilled at managing/persuading people because they need to be in their profession.
No matter what they say to you never agree to or sign anything without running it past your legal representation first, or at the very least give yourself time to think it over and talk to friends who are not subject to the same pressures that you face.

Thanks Tony.

Shano592 (Shane) · #24 07-03-2014, 07:14 PM

And write a figure down now, that you think would be fair compensation plus 10-15%. Then add an extra 10% on to that, and take that to the meeting.

Don't let them guilt you into altering what you think is fair recompense for relocating.

Pinwheel (Doug) · #25 07-03-2014, 07:15 PM

Quote:

Originally Posted by Profiler

You need to stop discussing the matter here as well and instead continue with a solicitor/firm you engage.

Good luck.

This will be difficult, I'll need to go out about 150km to get away from the towns family connection.

Profiler (Profiler) · #26 07-03-2014, 07:19 PM

Justice is seldom easy

I am logging off now so good luck

Pinwheel (Doug) · #27 07-03-2014, 07:34 PM

Quote:

Originally Posted by Profiler

You need to stop discussing the matter here as well and instead continue with a solicitor/firm you engage.

Good luck.

Thank you. Will do, but it's still unfair. Reminds me of the movie "Castle" Any QC's retired here..

Brian3. (Brian) · #28 07-03-2014, 09:42 PM

Do I know about grain bunkers, yes. Are they storage bunkers, metal walls about 1.5m high with tarpaulin covers or storage buildings which can be rather large structures?
The biggest problem will be dust, dust and more dust. But it sounds to me that there may be a little more than storage involved?
Either way don't listen to the "only so much money" crap and start dealing with purpose, that means as much as you can get. If they are offering say $500,000 and that is "all they can afford" then you want 40% more. If your land is critical to their operations you will get it and that is ALL that matters.
Anything less and you are doing favours for whom?
The loss of your "habitat" comes with a premium, your premium, and that is worth compensation/money.
A hard business approach is needed from you, and as they say there are no friends in business.
This advice is on the basis that you have lost the first battle, but not the war.

taminga16 (Greg) · #29 07-03-2014, 10:16 PM

Quote:

Originally Posted by Pinwheel

As I said below, Yes it's a small region and everyone is married or related. Your point is more than noted. I'm discussing this here as most are morons & would never look here.

IT ONLY TAKES ONE!
Talk to the developers, you may be pleasently suprised.

Profiler (Profiler) · #30 08-03-2014, 08:22 AM

"He who represents himself has a fool for a client"

A well know albeit facetious proverb from the legal profession.

Kunama · #31 08-03-2014, 08:30 AM

.......

Pinwheel (Doug) · #32 08-03-2014, 10:13 AM

Thanks everyone, I'm looking for a lawyer now. Nothing has been promised or discussed with them yet.

taminga16 (Greg) · #33 08-03-2014, 10:30 AM

Matt (KUNAMA), my take is that the developer has already contacted the OP (see is 5th post) and if that is the case and Pinwheel is considering selling then my advice to him would be to secure an independent valuation and negotiate directly with the other party and then engage a Solicitor to finalise the deal. Legal wrangles take to long and the costs can be heart breaking/ home wrecking. Document recovery and distribution alone can run to thousands.
Greg.

Pinwheel (Doug) · #34 08-03-2014, 04:21 PM

Quote:

Originally Posted by taminga16

Matt (KUNAMA), my take is that the developer has already contacted the OP (see is 5th post) and if that is the case and Pinwheel is considering selling then my advice to him would be to secure an independent valuation and negotiate directly with the other party and then engage a Solicitor to finalise the deal. Legal wrangles take to long and the costs can be heart breaking/ home wrecking. Document recovery and distribution alone can run to thousands.
Greg.

Thanks Greg, this is exactly what is scaring me the most.

Shano592 (Shane) · #35 11-03-2014, 12:08 PM

And don't forget to add the solicitor's fees ON TOP of your figure.

They want you out, then they really should be paying for everything.

Arthur Alchin (Arthur Alchin) · #36 11-03-2014, 05:15 PM

Good luck

taminga16 (Greg) · #37 11-03-2014, 11:41 PM

I was going to respond to Arthur, but have just realised that it would be a waste of pixels.

Paul Haese · #38 12-03-2014, 07:45 AM

As a former Solicitor, this is what I would do.

First, engage the services of a good solicitor to act as your agent. The only way land can be compulsorily acquired is through and Act of parliament or the Australian Constitution and it must be done by a government department. Mining aside, this is just storage and to the best of my knowledge (as limited as this is now) a company cannot just simply acquire or come and squat on your land.

Secondly, contact your local sitting members both State and Commonwealth and discuss the matter with them.

Third, do not sign anything or agree to anything until you have done the first two things. There is no need to think they will come in and just take something from you. Even the government must pay on just terms and given the development on your property they cannot pay a random fee.

Seek advice is my advice.

rustigsmed (Russell) · #39 12-03-2014, 09:28 AM

Hi Doug,

Have you been formally notified by the Council of a planning application?

A Town Planning Consultant may be a better bet than a solicitor. Or if it is a solicitor make sure its a planning solicitor.

It sounds to me that they may have issue with getting the project through, why else would they approach you to purchase your property? Perhaps secondary expansion plans...

Cheers,

Russell

alpal · #40 12-03-2014, 12:38 PM

Hi Doug,
Be careful with solicitors -
if it goes to the supreme court you'll be up for a $100,000 legal bill.

I'd try & do it first in a nice way - out of court to get a good price.
You can always use the threat of legal action if they don't want to pay up.

cheers
Allan