QLD Built a House on Husband's Family's Property - Property Law Rights?

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Unicorngully

Active Member
19 October 2019
5
0
31
Clumber 4309
Hello,

Thank you for taking the time to read my question.

We (husband and I) built a house on my husband's family property, over 20 years ago (with their permission). We have lived here full time, raised our children here. I work within the local community. My husband and adult son (who still lives with us) are both disabled pensioners.

During this time we have cared for my husband's parents who also live on the property in another house, we have also cared for the property and maintained both houses and associated, farm buildings, fences, etc. The property is approximately 47acres.

My husband's parents are now in care, one in a nursing home, one living with their daughter (husband's sister). We are being forced to sell the property by nursing home and husbands sister (she is power of attorney for them).

What are our rights under property law, if any? Over stopping the sale of the property, is there any options for us to take ownership?

Thank you
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
I'm no expert, but I don't think adverse possession (squatters rights) apply here because you had permission to be on the land. There are many elements that need to be met to claim adverse possession and on the surface, it looks like you meet all but one of them, which is probably the most important one - you were not living on the property without the consent of the owner.

In order for the experts here to provide some options, I think you need to provide a litle more detail, particularly:
1. What do the parents want to do?
2. What exactly has happened so far? (ie; explain this statement: "We are being forced to sell property by nursing home and husbands sister" - what exactly have they done up to this point?)
 

Unicorngully

Active Member
19 October 2019
5
0
31
Clumber 4309
Hi Scruff

Thank you for taking the time to reply to me.

1. The parents want to sell. So does sister in law, who has power of attorney.

2. Because the property is over 5 acres, the extra 42 acres is classed as an asset, therefore the nursing home can charge more than my mother in laws pension to live there, The nursing home now takes all mother in laws pension Plus most of the father-in-law's pension this coupled with their medication leaves them with little money left and sometimes not enough money to pay all their bills. Nursing home charges by the day so some months cost more. Sister in law pays when parents fall short, but gets it back on the shorter months. (she is not out of pocket)

3. Because neither parents live on the property, by law I believe it must be sold, the mother in law then pays to becomes a self-funded resident of the nursing home thus decreasing the daily cost, leaving them more money which is their ultimate goal.

4. So far the property has been listed for sale and an open house most weekends.

I have been googling and have come across Caveatable Interest of a property.

As we, husband and I have paid to build our home on the property and we have always have paid 3/4 of any bills for the property eg rates, power, fuel for water pumps (on tank water), improvements, repairs fuel for mowers, tractors etc. Since both parents no longer live on the property, we now pay for Everything ourselves.

We don't want to stop the sale of the property but are concerned that since the nursing home has the first bite of the sale money, we will be left with nothing.

Being a pensioner my father in law is unable to give away any more than $10,000 every year or he will lose part of his pension, (then they are back where they started, with not enough money to pay their bills). So he is unable to give us any leftover proceeds from the sale (that's if the nursing home doesn't take it all).

I believe, but I could be wrong, that a Caveatable Interest put on the property would ensure that we were paid out for what we have contributed to the property, what we are owed. Our house has increased the value of the property by $200,000 according to the real estate people.

My husband helped build his parents house and has done 90% of all jobs that need doing on the property, he has done all of this without any payment.

Thanks for reading any help gladly accepted.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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First things first - are all the houses lawfully constructed?
Proper approvals from Council, etc?
How many lots are we talking about?
For example, could it be three or so lots, even if it's fenced as though it's one property?
 

Unicorngully

Active Member
19 October 2019
5
0
31
Clumber 4309
Hi Tim
Yes both houses have council approval.
It is one block, In a rural area,
We have approached council about subdivision (many times), at the moment it is not allowed.
 

Tim W

Lawyer
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28 April 2014
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So, one lot, one title.
Whose name(s) is/are on the title?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
OK.
And what do you mean by "being forced to sell" ?

Unless it is the only means by which they can raise cash to fund their entry into "care"
(by which I assume you mean a retirement village, nursing home, or somesuch)?
 

Unicorngully

Active Member
19 October 2019
5
0
31
Clumber 4309
Hi Tim

Mother-in-law is already in a nursing home, she went on as a government fully funded resident, meaning at first they only took 85% of her pension.

The nursing home was recently brought out by overseas investors, who has now increased her fees due to the fact that because the property is over 5 acres, the extra 42 acres is classed as an asset, and deemed to be earning an income, therefore, the nursing home can charge more than my mother in laws pension to live there.

The nursing home now takes all mother in laws pension Plus most of father-in-laws pension this coupled with their medication leaves them with little money left and sometimes not enough money to pay all their bills. Nursing home charges by the day so some months cost more.

Since father no longer lives on the property (lives with sister in law), they, sister-in-law and father-in-law want the property sold, so mother inlaw can then become a Self-funded resident and will then only have to pay 85% of her pension, father-in-law will then receive his entire pension thus giving them more money.

A nursing home is pushing them to sell also (they can make more money of a self-funded resident)

We want/need some way to put a caveat or something similar on the sale, so when a property does sell we will receive what financial value we have added to the property, mainly being the cost of our home on the property, before the nursing home gets theirs.

Hopefully, I have explained it correctly.
And thank you for your input and help.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
For something like this you really need to see a lawyer. Not likely to be cheap or quick.

Based on your post you likely have a claim to 'some value'. How much - can't say.