Adverse posession

I'm not a lawyer but I think the councils position is pretty fair. If the adverse possession claim is successful, then its not on Ms X's land so she doesn't really have a case to say 'its on my land, demolish it'.

I would think if it is unapproved then she could lodge a complaint on that basis as that wouldn't matter whose land it was on.

 

Oh wow! Do you at least get the chance to lodge evidence about why the claim should not be granted?

 

Helloooooo BennEznElle

1. Generally it can take years for Landgate to determine the case !
Given evidence of false claims, the applicants may face criminal charges, hence the
claim is unlikely to succeed because lawfully landgate cannot determine a claim
using false evidence...Can they?

2. The Land subject to claim be a strip 50cm wide x 33m long.

3.However parallel to the strip is a limestone maintenance walkway created in 1994 as a permanent ROW.
Parallel to the wall be the fence.

4.The claimant enjoyed permissive use of the land for 17yrs, so no objection related to
the encroaching pergola was raised until claimant extended it to protrude over and above
the walkway ROW with feet bolted thereto.

5.The claimant lodged the vexatious AP claim in Nov 2016
(while simultaneously co-operating in writing with MsX to re-align the fence along
the common boundary)

6.They chose to advise MsX of the AP claim 60 days later in Jan 2017
MsX revoked permissive use Feb 2017
Hence they now trespass.

7.The CoJ planning already determined the pergola be:
without permit
non-conforming
un-uthorized
demolished

8.Landgate are deliberating a land claim ONLY. What ever decision eventuating
from landgate shall not support the pergola remaining as is.

9. I have made the CofJ planning well aware of same, but they choose to not want to know!!
Despite the claimants surveyor providing a survey defining the land subject to claim extends
to claimants side of the Limestone ROW & no more.

The pergola offense pertains to feet unlawfully bolted to the Limestone ROW created &
existing 1994 (24yrs) and constructed wholly on MsX lot as permanent access leading
from her front driveway 33m all the way to rear neighbours fence.

I will add this for good measure ...........The claimant supports their scam with approx >40 or more paragraphs of Statutory Declarations ................
20 of which - Goolge / Landgate satelite images prove be false ??

Now .........Enlighten me......

Tell..... for what reason should the CoJ await Landgates decision ??

thanks
Skippy

 

I have no idea, as I said, I'm not a lawyer.

It sounds like its getting to the point of a cost benefit analysis on the value of the land vs the cost to fight to keep it.

Is a lawyer being used for both the adverse possession claim and the pergola issue?

 

Get a lawyer if you actually want to get something done.

Honestly, I am one and you really seem to be making a much bigger fuss over the issue than it sounds like you need to.

So far, all I see is a lot of talk and pretty much no legal effect or substance behind it.

 

Hi

Only after a decision is made known -
Landgate staff appear bound by a red taped antique system far removed from natural justice

see offering from landgate below .....

Whilst the Application for adverse possession has not been granted by the Commissioner of Titles, the status of the ownership of both Lots xxx & xxx remains unchanged.

As I have mentioned previously, it is up to the Applicants in any Adverse Possession application to satisfy the Commissioner as to the validity of their claim.

The owners of the claimed land have their opportunity to challenge AFTER the Commissioner has granted the Application – and this entails lodging a Caveat under s.223A Transfer of Land Act.

Upon lodgement you have 30 days to commence an action in the Supreme Court.

As I have also mentioned before the Commissioner does not engage in communications with owners of the affected lands.

The only information I can provide you is that the Application has NOT been granted,
xxxxxx
Please ensure you seek your own legal advice regarding your interests.

============

Dear Sir.

This dealing is currently be assessed by one of our In-house legal counsel.

I am not aware of the current progress of it, and do not know if it will be granted or not.

I will contact our Legal Services this morning to get information about the progress of the matter.

Please be advised that the role of the Commissioner of Titles in such applications is to make a decision based on the evidence submitted by the Applicants.

The Transfer of Land Act makes no provision for evidence to be submitted to the Commissioner of Titles by the affected registered proprietors.

You are welcome to, but do not have to, make a statutory declaration on any points in the applicant’s application or statutory declaration. Comments made only by letter will not be considered.

Evidence submitted by you will be used only for possible issue of requisitions to the applicant.

If, following requisitions to the applicant arising from any evidence provided by you, the applicant’s evidence contradicts your claims, then for the purposes of the Commissioner making a decision, the application will be assessed solely on the applicant’s evidence. (If the applicant’s evidence is claimed to be untrue, then that is an issue best dealt with by a court. Making false statutory declarations is an offence.)

You may address any submission to the Commissioner of Titles,
--------------------

Adverse Possession is not something u would wish on anyone ...
skippy

 

Thanks for a helpful comment ..

Unfortunately after contact with many ...many.....Mr Ls .
I find none who can demonstrate required competence in the matter....

I can find plenty who say deposit $5000 or so to my trust account etc....etc....
without offering a scintilla of expertise.....

After 40yrs of international business I am unlikely to be tempted with such request!!

so if AP be your forte, review my first post of 2017 which I will repeat shortly
so you may spread some legal substance around if able...??

Many thks
Skippy

 

Then look harder. I find it hard to believe you can't find a single lawyer that can't help with the matter.

Here's a hint - it probably has little to do with AP.

Or is the issue you don't want to pay for the advice or assistance?

 

Thks again for the info

I can find many who say they can do help,
but none prepared to demonstrate how they propose to do so.....
Or impart of past actions.....
Trust us say they....??

I am retired.....n have been working on this saga actively since 2014.
Within family are
2 x practicing Ls but w/out expertise in this field like u it seems......

Right now as you may have deduced, all I need is police prosecution
of the false claim matter
and the case be done & dusted .......??

Otherwise who knows.......

But I'll think of something t b sure...........

enjoy ur day ...............the suns out...!!

 

AP is pretty rare. You would not find many lawyers with experience in this area. but just because a lawyer has no experience in this specific area doesn't mean they couldn't help you.

 

Well I'm sure ur right ....

However, would you take your car to a motor cycle mechanic ??
or even a petrol engine lawnmower mechanic ??
or go to the vet when your ill...??

And one not of the field may be cheap but then .........??

Then when 'one wit expertise' demands 10K to peruse my docs w/out
any offering or any indication of their level of competence .....it leaves little encouragement !!

Its a cruel world but it may get better..........

 

if only a motorcycle mechanic was available then you may not have much choice, other than self repairing and risking a breakdown in the middle of nowhere.

You've got to pay for experience, and the prices could be high. But just because you put money in a trust account of a lawyer doesn't mean it will cost the lot just to review your situation. They would only be charging an hourly rate.

 

I can assure yo mah good beast,......I aint never been short o choice in mah life,,,,,!!

Nor be shy o a bit o DIY............

The point you fail to see, unless yo jus don.t want to see.......

Be that not one of these o sooo trusty lawyers can demonstrate their worth...!!

So why wud any poor beast top up their coffers..... let alone me.............??

Thru life generally, if I wanted a service,
I seek a quote, which clearly sets out everything to be done
& the cost o doing jus that...!!

I dooont not ave to fill a trust account .........!
Most dinki di contractors, do the right thing & trust a client t pay on demand........
Believing they will get paid when they do a good job.........
And obviously they do ........because the genuine tradie still works that way??

Sooo the nooo..........,

Why do yo, bein one o them learned few.........
Find the need to rip $$$ up front outta the poor workin beast ...??
Be it becoz the service received may be found t b of such inferior standard.
that few wud feel obliged to tip up after the event ....??

Nice to hear..... Whadda yo say.......??

 

This is a personal choice you have to make.

 

What I say, is that I'd find your posts easier to read if you used full words and complete sentences.

Also, it isn’t really your money, is it?

Didn't you say it was a friend's property? Perhaps she should be making the decisions.