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In Victoria how many years is it b4 someone living in a property rent free can claim it as their own

Discussion in 'General Property Chat' started by justine77, 10th Jun, 2016.

  1. justine77

    justine77 Well-Known Member

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    in Victoria is it 12 or 20 yrs before someone living rent free in a property can legally claim it as their own and how can we stop that .
    Would the person need to move out temporarily even for a short time to break up the 12 or 20 yr period
    Is that enough

    or sign a legal document that we allow them to live there but they cannot claim ownership ?
     
  2. SK Investments

    SK Investments Well-Known Member

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    Free house
     
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  3. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

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    Law of adverse possession - minimums are 15 yrs in Vic and 12 yrs in NSW.
    You'd need to seek legal advice on how to successfully stop it.
     
  4. wogitalia

    wogitalia Well-Known Member

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    Legal advice probably a good idea but you basically just have to prove and assert that you remain the owner to avoid adverse possession claims.
     
  5. thatbum

    thatbum Well-Known Member

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    Its pretty hard for me to imagine a scenario where an owner doesn't want their property adversely possessed, and literally does nothing about it for the 12/15 years.
     
  6. Foxdan

    Foxdan Well-Known Member

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    Parent goes to nursing home, one child lives in parents house for 15yrs rent free. Parent about to pass away and fighting siblings are gearing up for the will....
     
  7. House

    House Well-Known Member Premium Member

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    That Mr Z... Thought he was a genius but if he's paying $135k pa for 12 years, must be already pretty well off to take that gamble.

    Title search is $14 so cheap enough to go looking for derelict houses etc. and find out when they were last exchanged.

    I read somewhere that empty land was being claimed in the UK simply by putting a mailbox on it and have your mail redirected there.
     
  8. Jess Peletier

    Jess Peletier Mortgage Broker - Australia Wide Business Member

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    Ha! There's lots of empty holiday homes around here - I might try it! :)
     
  9. wogitalia

    wogitalia Well-Known Member

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    Only 12 years in WA as well ;)

    It's honestly could be a good way to get into the housing market, worst case you get the move on notice after living rent free right?
     
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  10. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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  11. Scott No Mates

    Scott No Mates Well-Known Member

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    Plenty of hoops to jump through eg. Proof of payment of rates, hasn't taken possession by force and others.
     
  12. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Here is a bit of a checklist for adverse possession in VIC
    delwp.vic.gov.au/__data/assets/word_doc/0008/305198/Adverse-possession-Section-60-checklist.doc
     
  13. dabbler

    dabbler Well-Known Member

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    If say a family member is living there and you are not going to charge them, have a lease that pays a token amount, that will probably be enough.
     
  14. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Totally unnecessary. If they have your permission it can't be adverse - possession is permitted.
     
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  15. dabbler

    dabbler Well-Known Member

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    is that not the point though, he did say how can you prevent it, instead of allowing someone long term with no lease and no money, instead have a lease with a token amount, this should protect your interest.

    Check on your property. Don't let someone live long term for free in a corner of your acreage on a hand shake or word alone, etc etc
     
  16. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    A lease would protect, but where permission is given adverse possession cannot apply. If permission was withdrawn then it could, but time would start ticking then.
     
  17. bob shovel

    bob shovel Well-Known Member

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    Would this also apply to crown land? Or is that a different kettle of fish? Is it longer? 30 years? ?
     
  18. dabbler

    dabbler Well-Known Member

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    Yes, I get where your coming from.

    However this sort of thing is usually going to be some sort of conflict, and if there is nothing written, who will say you gave permission and then auto dismiss a case.

    The problem with the law, is the person in the hot seat can do unexpected things and people can start cases on nothing more than a fairy tale.
     
  19. Skilled_Migrant

    Skilled_Migrant Well-Known Member

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    Crown land is excluded. Damn :mad:
    LIMITATION OF ACTIONS ACT 1958 - SECT 7 No title by adverse possession against Crown

    LIMITATION OF ACTIONS ACT 1958 - SECT 7
    No title by adverse possession against Crown

    Notwithstanding any law or enactment now or heretofore in force in Victoria, the right title or interest of the Crown to or in any land shall not be and shall be deemed not to have been in any way affected by reason of any possession of such land adverse to the Crown, whether such possession has or has not exceeded sixty years.
     
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  20. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    You sound like a friend of mine. Every 6 months he rings me worried that his tenant is going to claim adverse possession of his unit - because he has a private lease and self manages.