Tell me if I'm being bad

Bandit · Jan 28, 2011

Short story...

Several years ago I get asked by a friend to put money into a 3 way partnership to buy land and build a building.

2 years ago I want out so I we agree to have land and building valued.

I agree to take one third of valuation as settlement but there is also a verbal agreement that I can keep a storage unit on the land ad infinitum.

Recently there has been an agrument about something else and the ex partners have demanded I remove the unit, which I am about to do.

Now, whilst I was happy with original agreement, now that I am losing my agreed storage I feel agrieved.

At the original time of valuation no account was made of an existing 10 year lease. The valuation was derived from the land and building only.

I'm told that the lease had some value and should have been factored in to the settlement figure.

So would I be able to claim that the agreement/contract has been broken and demand renegotiation of the settlement to include the added value ?

I'm furious and want to kick where it hurts

Consistency · Jan 28, 2011

You are the one who wanted out but wanted your unit in. I have a feeling you may be being unreasonable.

Did you get back what you put in and have you been paying rental for keeping your unit there?

Hope this resolves soon for you.

Bandit · Jan 28, 2011

Yes I did ok, more than doubled my money.

But the other two did just as well.

I didn't pay rent, because it was agreed that I could keep the storage rent free.

Why should I lose my storage ?

Esk247 · Jan 28, 2011

Your problem is that it was all verbal.

If it was a written contract you may have a more solid base for argument but all i see is this becoming a slanging match, he said this, he said that etc etc.

It could also cost you a lot of money fighting a battle over a storage unit.

davmet · Jan 28, 2011

Verbal agreements mean nothing thats the bottom line!

You have no case, take it youve recieved payment???

I know you are angry and i do understand but unless a contract was drawn up on paper and signed you have no argument, you've made the mistake once you wont make it again!

Dont let it cost you anymore by taking this further!

good luck!

stugster · Jan 30, 2011

Actually, in Scotland a verbal agreement can form a contract. Although it would be very difficult to prove. The fact that your unit has been sitting there gratis for such a long period would probably substantiate your claims; at least make it more difficult for them to refute it anyway.

Unfortunately however, you've already settled on the land aspect of it. The other issue that would blow you out the water is what period you guys were talking about. Any judge will see that the period in question is just too long to even be put in a contract (there was no time period, so how could that go in?). "Ad infinitum" is the issue here. Had you verbally agreed a proper length of time, you'd be quids in and be able to claim an amount for the period left they're not honouring (or at least try to).

So, to summarise:

"unlimited" wouldn't apply to the storage of the unit;
You've already settled on the land, so have no claim on the valuation of it or the lease;
there wasn't a written contract, it was only verbal, so proving that you are entitled to the unit being there is going to be difficult;
There is not "period" for how long the unit is, so how do you calculate your 'loses' as a result?

Disclaimer: I'm not a lawyer, solicitor, or anything related to the legal profession. I go by my tiny understanding of Scots Law, and I take no responsibility for the information I've provided. This is my own understanding of it, and it's possibly (probably?) wrong.

HostThree · Jan 31, 2011

stugster said:
Actually, in Scotland a verbal agreement can form a contract. Although it would be very difficult to prove. The fact that your unit has been sitting there gratis for such a long period would probably substantiate your claims; at least make it more difficult for them to refute it anyway.

Unfortunately however, you've already settled on the land aspect of it. The other issue that would blow you out the water is what period you guys were talking about. Any judge will see that the period in question is just too long to even be put in a contract (there was no time period, so how could that go in?). "Ad infinitum" is the issue here. Had you verbally agreed a proper length of time, you'd be quids in and be able to claim an amount for the period left they're not honouring (or at least try to).

So, to summarise:

"unlimited" wouldn't apply to the storage of the unit;
You've already settled on the land, so have no claim on the valuation of it or the lease;
there wasn't a written contract, it was only verbal, so proving that you are entitled to the unit being there is going to be difficult;
There is not "period" for how long the unit is, so how do you calculate your 'loses' as a result?

Disclaimer: I'm not a lawyer, solicitor, or anything related to the legal profession. I go by my tiny understanding of Scots Law, and I take no responsibility for the information I've provided. This is my own understanding of it, and it's possibly (probably?) wrong.

You are correct but not in property law, every agreement must be a written agreement.

stugster · Jan 31, 2011

Would this fall under property law? Looks to me the guy has had permission to store something, somewhere. He's not looking at missives or anything.

I dunno, just asking

LeasingEval · Feb 7, 2011

Hi All,

I am undertaking some planning into the feasability of starting a Glasgow based E-Pos sales/training/installation/support company.

Would anyone be willing to share their experiences of their own E-Pos systems with me?

I am interested in costs, type of equipment and any unforseen problems that have occurred.

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Tell me if I'm being bad

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HostThree

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LeasingEval

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