As a holiday home-share arrangement for extended family, the deal survived barely six months before Daryl Sheffield took up full time occupation of a jointly owned Opotiki property to the exclusion of brother Merlin and his family.
The High Court was told the two agreed jointly in 2018 to buy a small lifestyle property on Walker Road about six kilometres out of Opotiki.
Plans were to use the property as a casual holiday retreat, shared with times agreed between the two.
Over his brother’s objections, Daryl moved in permanently some six months later, saying he had been kicked out of his rented accommodation. While he kept up payment of rates and insurance, Daryl paid no occupation rent for his permanent use of Walker Road. Merlin complained that Daryl was not keeping up with regular maintenance around the property.
Bach sharing arrangements broke down.
Merlin got a High Court Property Law Act sale order, forcing a sale after no agreement could be reached with Daryl to either buy brother Merlin’s half share, or failing that, an on market sale enabling both to cash up.
Daryl did not defend the application, other than send an email to court agreeing the property should be sold.
There had been prior informal agreement between the two as to what should be a minimum sale price.
Associate Judge Taylor ordered the property be listed for sale at the minimum agreed price, or better, with net sale proceeds divided between the two.
Judge Taylor ordered deduction from Daryl’s half share some $44,000 occupation rent for the time he has been in full occupation plus $14,700 compensation for maintenance expenses incurred by his brother.
Sheffield v. Sheffield – High Court (20.12.24)
25.059