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Adverse possession

Azalia's picture

Submitted by Azalia on July 28, 2008 - 7:54pm.

Joined: 08/07/2008

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!



elkam's picture

July 28, 2008 - 9:58pm

Joined: 21/03/2006


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


Terryw's picture

July 28, 2008 - 11:20pm

Joined: 01/01/2002

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
Discover Home Loans
Terry@discoverhomeloans.com.au

Learn to Make Money Online & Get Free Guide!


Azalia's picture

July 29, 2008 - 10:21am

Joined: 08/07/2008

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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