Our Client 

Our client was a young home buyer excited to make the leap to home ownership and leave the rental market. As a first-time purchaser, they were hoping for a smooth and easy conveyancing experience.  

The Challenge 

During our pre purchase contract review, we discovered that the car parking space for the home and a portion of the land (within the property’s fence) were actually common property, even though they were used exclusively by the property owner. They had previously been licenced to the property owner, but the Licence Agreement was missing. We were concerned about the possibility of future disputes between neighbours over who may want to use the space. Without the Agreement, there was no guarantee that our client would be able to use the area exclusively. 

The Solution  

Prior to our client signing the Contract of Sale, our team worked with the Owners Corporation to negotiate a new Licence Agreement which would ensure that our client would retain the exclusive right to use the space. The Owners Corporation agreed to support the Licence Agreement and recommend approval by the Owners’ Corporation members following settlement – and since they were confident that members would approve, we were comfortable in proceeding with settlement, and drafted the Agreement at no extra cost to our client.  

The Win 

Following settlement, the Agreement was submitted and approved by all OC members. As a result, our client moved into their new home with the peace of mind of knowing they had the exclusive right to use all the space they were expecting. The Licence Agreement ensures that only our client has the right to use the space in question, for whatever purposes they please and without interference from neighbours. They are also able to make any alterations or renovations to the space they wish to make.