All Topics / Legal & Accounting / Claiming unregistered land, any info is helpful???

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  • Profile photo of lstreetlstreet
    Member
    @lstreet
    Join Date: 2006
    Post Count: 22

    Good Afternoon

    I was wondering if anyone had any information on the processes here in Australia for claiming unregistered land or property???

    I was going to consult with my lawyer, but i thought i might try my luck in this forum first.

    Any information or professional advice would be appreciated.

    Kind Regards

    lstreet

    Profile photo of joliejolie
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    @jolie
    Join Date: 2006
    Post Count: 7

    If anyone could claim unregistered land, don't you think the lawyers would have claimed it first? Then we wouldn't have to go to work (or read property investing) <moderator: delete abuse>. Jolie

    Profile photo of lstreetlstreet
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    @lstreet
    Join Date: 2006
    Post Count: 22

    HOW TO CLAIM FREE LAND & PROPERTY The Land Registry is a government body which holds literally millions of records on the ownership of land and buildings throughout the country. According to the Land Registry, there are in excess of 8 million plots of land or property which are not currently registered to anyone.  This report is to show you how you can lay claim to one, or more of them. FINDING A PLOT Potential sites are everywhere. It's up to you to check them out. Here are just a handful of possibilities. In most villages or towns you find areas of waste ground, not built on for some reason. Why do you think that is? More often than not, its because the land is not owned by the people who developed adjacent sites. These sites often have no registered owner. It's hard to visit the countryside without discovering a number of derelict properties. Do you think that if registered ownership existed, they would allow valuable property to fall into such disrepair? Look into it. You may well find that there is no registered owner. Any property or site which appears undeveloped for no good reason, or neglected, is a potential target. Carrying out your own investigation, could pay off in a very big way. The steps you need to undertake are relatively simple. What You Need To Do Next Once you have found a prospect site, the next stage is to establish with the Land Registry, whether it is registered. The Registry have a specific form which you can fill out to establish this. You can obtain the form from your nearest Land Registry office. These offices are listed in the telephone book, or you can find them on the internet. Search for "land registry" Bear in mind that there is no need to attend the Land Registry office in person. Everything can be done by post. After completing the form, you simply return it to the land registry,  Within 3 weeks, you should have received your reply. HOW TO LAY YOUR CLAIM There are several options. You can put a fence around it. Depending on the size, a less expensive option may be to put a small shed on the plot. Keep a few tools in it which can be used to keep the plot neat and tidy. It’s worth bearing in mind that planning permission may be needed for a fence, so shed may be easier all round. OBTAINING OWNERSHIP OF LAND At this stage, you don't yet own the land, but you do have possession. The task now is to maintain the site. The last thing you want is for it to look like a piece of waste ground. The more respectable it looks, the better your chances of eventually securing ownership. Once the site is in your possession, you would be well advised to take steps to ensure that you are not beaten to registration. This can be done via something called a 'Caution Against First Registration'. This must be arranged through the Land Registry, and you would be well advised to secure the assistance of a solicitor. This process enables you to prove when you claimed the plot, and ward off spurious claims from others. After you have used the plot for 12 years, you can have the plot registered in your name. Once again, you would be well advised to use a solicitor. IN CONCLUSION Obtaining free land and property is not a 'Get Rich Quick' activity. It's a long term project which could mature into a massive nest egg in the longer term. The search for property and plots can be very enjoyable, and the research procedures are very simple. Ongoing maintenance of sites need not be time consuming or expensive. And you can lay claim to as many sites as you like. There's nothing to lose by giving it a try, and a possible fortune to gain. For further information on this subject, contact your local Land Registry office. You will find them listed in your telephone book or on the internet. <moderator: delete abuse> 

    lstreet

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Isstreet

    Are you aware that the information you posted above is from a UK source:
    http://www.businessomatic.com/html/how_to_claim_free_land_and_pro.html

    This site is mainly concerned with Australian Investment Property, so I would think the above wouldn’t necessarily apply here.

    Terryw
    Discover Home Loans
    Parramatta
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    Profile photo of lstreetlstreet
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    @lstreet
    Join Date: 2006
    Post Count: 22

    Hello Terryw, and thank you for your NICE reply.[biggrin]

    I wasnt sure how things worked in Australia and that was the reason for this question, im glad that i got a PROFESSIONALS ADVICE!. I appreciate your help mate.

    Cheers!

    R.I.P – Steve Irwin, Australia Loves you.

    lstreet

    Profile photo of crjcrj
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    @crj
    Join Date: 2004
    Post Count: 618

    In Australia each State deals with the land in its own boundaries and the rules vary eg time required for adverse possession etc. In NSW you can’t get adverse possession of part of a parcel of land.

    A definitive work on adverse possession is Mal Park’s PhD thesis

    http://www.sli.unimelb.edu.au/research/publications/MMP_PhD.pdf#search=%22%22adverse%20possession%22%20elements%22

    In my experience where you’re most likely to get adverse possession by squatting is in small villages and I doubt there is sufficient benefit:cost ratio to make it worthwhile.

    Profile photo of reelygood1reelygood1
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    @reelygood1
    Join Date: 2005
    Post Count: 65

    Hi Istreet,
    Can be done and has been done under adverse possession on some very valuable land, risky if owner or benificeries are aware, laws are different from state to state. Qld is 30 years and you have to treat it as if you owned it. Best place to look is arrears of rates auction with council, was more common years ago in Qld as it was 12 years wait, does not seem to be so common now.

    Don

    djr

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213
    Originally posted by crj:

    In Australia each State deals with the land in its own boundaries and the rules vary eg time required for adverse possession etc. In NSW you can’t get adverse possession of part of a parcel of land.

    A definitive work on adverse possession is Mal Park’s PhD thesis

    http://www.sli.unimelb.edu.au/research/publications/MMP_PhD.pdf#search=%22%22adverse%20possession%22%20elements%22

    In my experience where you’re most likely to get adverse possession by squatting is in small villages and I doubt there is sufficient benefit:cost ratio to make it worthwhile.

    Thanks for that Crj. very interesting.

    Terryw
    Discover Home Loans
    Parramatta
    [email protected]
    Sign up to my mailing list.
    Just send me a blank email, with “subscribe” in subject line.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of greg1959greg1959
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    @greg1959
    Join Date: 2020
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    Its actually Commonwealth law check Attorney General v Marquet in the High Court of Australia 2003 Justice Kirby parra 203 to 215. Wehave the right to insist the courts acknowledge The Imperial Application Act. In other words what the Corporation posing to be a government is doing is ilegal

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