All Topics / Legal & Accounting / Tenants in common and co-owner can't be contacted.

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  • Profile photo of superAndrewsuperAndrew
    Participant
    @superandrew
    Join Date: 2014
    Post Count: 188

    50/50 ownership split on qld property. Co-owner cannot be contacted and hasn’t been paying land tax/fees for over 2 decades. Anyone come across this before? What are the options in this situation?

    Cheers
    Andrew

    superAndrew | Property Analyser and Finder Tool
    https://property-analyser.com.au

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

    Apply to the supreme court to appoint a trustee and have the trustee force a sale of the property. This is needed because both parties are needed to sell. The other owner could also be dead. If that is the case their executor needs to be tracked down, or someone has to apply for probate or administration. Their estate can be sued for their share of the fees and land tax too.

    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 superAndrewsuperAndrew
    Participant
    @superandrew
    Join Date: 2014
    Post Count: 188

    Thanks @terryw. I should have also mentioned that the owner is a private company that was deregistered in 1995.

    Can they be sued for all the fees and taxes already paid?

    superAndrew | Property Analyser and Finder Tool
    https://property-analyser.com.au

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

    You can’t sue a company that no longer exists. Where a company is deregisered and it owns property this property vests in ASIC http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s601ad.html

    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 superAndrewsuperAndrew
    Participant
    @superandrew
    Join Date: 2014
    Post Count: 188

    @terryw would a claim for Adverse Possession be possible in this situation? The full rates have been paid by the owner claiming adverse possession. The deregistered company has never paid any of the rates or has had any involvement with the property.

    superAndrew | Property Analyser and Finder Tool
    https://property-analyser.com.au

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

    Interesting question – I am not sure of the answer, but possibly.

    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

Viewing 6 posts - 1 through 6 (of 6 total)

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