Forum Replies Created
Here is some info that gives the basics of adverse possession.
Tools
Adverse Possession
This is an old doctrine that says, basically, that where a trespasser remains in possession of land for a period of time (generally 15 years) then that person acquires ownership of the land.The doctrine prevents someone who has used land for a long period of time, believing it to his/her land, from being ejected by someone who discovers a technical defect relating to the original boundaries.
A typical example is where a fence is incorrectly placed inside the proper boundary of a property. The properties on either side of the boundary may have been sold numerous times before someone discovers the mistake. The owner of the land that has “lost” because of the mistake, cannot now force the owner of the land that has “gained” to move the fence back to the original boundary.
Surveyor required
Making a claim on the basis of adverse possession is no simple matter, and the services of a qualified surveyor will be required.The role of the surveyor is to perform what is known as a “check survey”, to determine the proper boundaries of the property according to the original plan of subdivision or survey plan.
The surveyor’s drawings will usually show the boundaries according to the plan, together with the fencelines as they appear “on the ground”, so that a comparison can be made.
It is important to use a qualified surveyor who is prepared to give evidence in court if necessary.
Choosing a surveyor
When choosing the surveyor you should consider using a surveyor who is familiar with the local area. It is often the case that the surveyor will be familiar with the property, particularly if previous owners or neighbours have consulted the same surveyor in the past.In Victoria, surveyors must be licensed by the Surveyors Registration Board of Victoria. (To visit the website of the Surveyors Registration Board of Victoria, just click on the following link: Surveyors Registration Board of Victoria).
The website of the Surveyors Registration Board of Victoria includes an Onlne Register of Licensed Surveyors, so that consumers can readily find a properly qualified and licensed surveyor.
Cost of a survey
It can be very difficult to determine the cost of a survey, as land will vary in size, shape and other characteristics.The best way to find out what a survey will cost is to contact a number of different surveyors, explain the nature of the problem and the type of survey required, and obtain a quotation.
Remember, that the cheapest quote is not always the best. Full surveying qualifications, membership of a professional surveyors association, and good local knowledge are all important considerations when choosing a surveyor.
If the survey confirms an adverse possession issue
If you have had a survey conducted and you believe that there is an adverse possession issue, contact us for initial legal advice. Making an adverse possession claim is not a straight-forward matter, and the process of making and substantiating a claim can be quite complicated.©2005 Laywers Real Estate
I can speak on this with some experience.I bought a serviced apartment in 1988 off the plan for 188000.I know you will all like this..it was cash flow positive(with 99% finance),even before the considerable tax concessions were taken in to account.The money came in every month on time,and the only outgoing I paid were for the council rates of around $550,a sinking fund of a few hundred dollars,and a capital fund levy of few hundred dollars.All up my outgoings were less than $1500.The tenant paid for everything else,including any maintenance.So it was a set and forget investment that worked really well,with the security of an initial 10 year lease with two further 5 year terms.The only downside was when I was trying to sell it.It took about 12 months to sell.It wasn’t that there were not the buyers,but most couldn’t come up with the finance,even though 80% was readily available without even looking.I settled on the property last week for $11000 more than I paid,but if I had spent $188,000 on a house in Melbourne back in 1998,I would have probably doubled my money!
Tools
We pay around $100 per square metre for asphalt here in Victoria,but this is not suitable for heavy traffic.If you are going to be running trucks over it,the base will need to be thicker.The end price will also depend upon any excavation required to level the land and provide fall for water run off,as well as any drainage,relocation of existing services etc.
Tools
As Damian said,asphalt can be laid when it is raining,as long as the rain is running off and not pooling.With a new road,you wouldn’t expect there to be any pooling in the sub base.In new estates,what is often done is that the first layr of asphalt is layed,and the second is not done until after most of the houses have been built,to avoid damage to the surface.But if there is only 25mm between the channel and road base,it doesn’t sound like they are doing this.You wouldn’t be able to settle on your block until the infrastructure is in place.ie roads,services,crossovers etc.
Tools
Hi guys,not really on the servo topic,but I have had experience with other contaminated sites before.We built 5 townhouses on what was the site of a police station.The ground was contaminated with lead and arsenic ,and all that was required was that the ground was completely sealed.ie,all external areas had to be concreted,and garden beds had to go on top of the concrete.It worked well,but obviously a servo is a different kettle of fish.I know a demolition guy who specialises in servo rahabilitation.If you are in Victoria,I can pass you his contact details and he coul dgive you a ball park figure of what it would cost to remove the tanks,turn over the soil etc.
Tools
I’m with Michael and others…don’t sell.I remember when Elwood was like Richmond or Fitzroy,when nobody wanted to live there.But look at it now,and it still seems to be going up.You are perfectly positioned only 100m from the water,so I would be renovating,strata titling and holding them for a while yet.You would then have the flexibility of being able to sell one or two IF YOU REALLY HAD TO.Good luck
ToolsBe careful in copying someone else’s plans.The copyright belongs to the architect,and simply adding or removing a few walls or windows is not sufficient to show that it is your design.
Tools
advertising…how long will this post last!
I am studying business part time,and have just paid for first semester…$1933.00 for 3 units.Paying upfront as I did gets a discounted rate.
ToolsI think these guys re related to insurers hotline.I have an old vehicle insured with them,and they are as cheap as chips.But I have never had to make a claim so don’t know what they are like on that side.I have found,however,that every time you ring to ask them something,each persaon you speak to will tell you something different.
i RECEIVED IT A FEW MONTHS AGO,AND FILED IT IN THE BIN.iT WAS IN THE NEWS AND THE PAPERS…PEOPLE WHO PARTICIPATED IN IT,NOT JUST THE INSTIGATORS,WERE BEING PROSECUTED.iT IS ILLEGAL!
Bugger,just looked at the caps lock….
serfguru,are you the vendor for this property?????//
Thanks Robert.I have been thinking the same.The Pm seems to do nothing except collect the rent.Although I am reluctant to find another PM,(this PM has a considerable interest in the building,and I thought therefore would be doing the right thing by me),I may have no other choice.
Tools
My property is fully partitioned,carpeted,painted etc……someone needs to take responsibility for all I have supplied to the tenant
Tools
Hi Robert…no,where can I see the demo?
Tools
The hotel I referred to above is the Whitehorse In in Hawthorn.The owner wrote in to yesterday’s Herald Sun in Melbourne: “Six years ago I paid $1400,and last year my land tax was $33,000”.He also said “Valuer General has directed councils to rate properties not on their current use,but the highest,besat possible use,based on options that developers may (note MAY) submit to councils.”
Hardly a fair situation.Tools
The thing about Vic land tax is that with the boom in property prices over the last few years,land taxes have soared.I think that there is a sliding scale for land tax,and land owners and commercial tenants are constantly being pushed in to the next tax bracket.The inner areas of Melbourne seem to have been particularly hard hit,or at least they are the most vocal.A large harware store/timber yard in Hawthorn that has been trading on a particular site since the day dot will close early next year because of the land tax.A pub a little further up the road is also very vocal about the huge increase in their tax.A dry cleaner in Camberwell is justifiably vocal about their 929% increase in land tax.So there you have it!
Tools
Demolition costs really depend on what they can salvage from the building.If you have a period home with baltic flooring and arcs,skirts,doors,windows etc in good condition,it is more likely you will get it done for free than if it is a non descript blonde triple fronted built in the 70s.I had a mate at work who wanted a house demolished and they actually paid him $6000 and did all the work.Just depends on what the building can offer them.
Tools
In this case there are no capital gains to be had.They said at the end of the show that after 5 months (I think),the property was still unsold,and the price had been dropped by $60,000.I think the auction reserve was $415000 to break even,so he and his partner will have a significant capital loss.
Tools
