All Topics / Legal & Accounting / Adverse possession

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  • Profile photo of AzaliaAzalia
    Participant
    @azalia
    Join Date: 2008
    Post Count: 56
    July 28, 2008 - 8:54 am

    Hello,

    I was just wondering if anyone had any information (experience or can refer to a good solicitor) about adverse possession.

    I have a friend who's father died 3 years ago, no one did anything about the fathers home (sole owner). My friend has been caring for and paying for all home expenses and wants to know if they have any rights in this regard.

    Any help or suggestions would be greatly appreciated!

    Thanks!

    Profile photo of elkamelkam
    Member
    @elkam
    Join Date: 2006
    Post Count: 722
    July 28, 2008 - 10:58 am


    Hello Azalia

    I read your post and not knowing what adverse possession was I googles it.
    Below is a link I found to a firm that may be of help. They seem to work in this area.

    http://www.slatergordon.com.au/pages/stepstoanadversepossessiondispute.aspx

    Out of curiosity, may I ask, did your friends father die without a will and is your friend living in the house?

    Hope this helps
    Elka

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    July 28, 2008 - 12:20 pm

    I studied property law last year and from memory you need to be in possession of the property for a min of 12 years and there aer some other conditions such as the possession must be open, not secret etc. I can look up my law books if you wish.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of AzaliaAzalia
    Participant
    @azalia
    Join Date: 2008
    Post Count: 56
    July 28, 2008 - 11:21 pm

    Thanks for the help!

    I will let my friend know to contact a lawyer. Seems that is the best way to get it wrapped up. 

    I dont know if there was a will, but I assumed not since nothing has happened. In any case, if their is one the lawyer can tell her what to do if one exists, or if it doesnt right.

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