We purchased a property that had rubbish and many items on the property after settlement, it was a receivers sale. The previous tenants also received a letter from the receivers 12 months prior to settlement to remove all items as they appeared abandoned and in disrepair, otherwise they will be disposed of. The chattels were excluded in the contract.
So after settlement the items still remain – who then is the real owner of these chattels? All the information I find is not about after more about before and sellers takings items before settlement.
Hi John,
I had this issue with the last property we settled on in Brisbane. My legal advice was that anything left at the property at time of settlement is classed as abandoned goods and are yours to keep.
Always good to do a pre settlement inspection to ensure any rubbish has been removed and if you’re not happy, delay settlement until such time as it’s rectified.
So far as owners taking items prior to settlement, my understanding is that anything that’s not a fixture can be removed so long as it’s not included in the contract.
Simon.
Thanks Simon yes that is our understanding but I cannot find anything in the property law that specifically states as such. If anyone knows if there is a case or law that can be referred to would be very helpful.
Did your solicitor advise to do a presettlement inspection ?
What does your solicitor have to say about the goods in question ?
Looks like the receivers have cleared you for disposal of the goods.
But in my experience the abandoned goods legislation is rubbery.
Good luck.
Cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
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