hi hopping someone can help I have been trying to find the owner of a old property it has bee empty for 8 years has had no up keep done on it and has become really run down the problem is no one seems to no who owns it is there any way I can go about becoming the legal owner thank to anyone that can help
QLD Abandoned house have no idea what to do
- Thread starter Sarah Heit
- Start date
Real property (land and houses) in Queensland is indefeasible - which means that the owner on the title remains the owner until it is legally transferred to someone else. There's no method for you to become the owner without obtaining a valid transfer from the existing legal owner.
If you're looking to see who that is, you can obtain information about who is the current owner from the Queensland government. Have a look here: Property sales and valuation products and services | Environment, land and water | Queensland Government You want to do a sales data search to obtain the name of the current owner, and you can work from there.
If you're looking to see who that is, you can obtain information about who is the current owner from the Queensland government. Have a look here: Property sales and valuation products and services | Environment, land and water | Queensland Government You want to do a sales data search to obtain the name of the current owner, and you can work from there.
The own was a business that went bankrupt and know one knows how owns the land now as the old owners say they don't own it and the company that took over everything say they don't own it the council say the old company own it but they say they don't not sure were to go from there
Commonly after 7 years council may auction for unpaid rates. Are rates being paid? They may well be.....Just because a house is tumbling down Sarah doesn't mean it is available for the taking or the owner doesn't care.
Torrens (if it is) titles offer some protection, not entirely though as adverse possession and government resumption indicate. All land is property of the Crown, in Australia the State Government. Sometimes old systems can be a better protection owing to the time taking conveyancing procedures My opinion of 'adverse possession in today's situation is one of loathing those who do it, it is about as low as one can get. That said there are also rules in adverse possession and you have no 'adverse' possession claim even at 'start' stage and occupation without adversity is not adverse but taking by possession. Unfortunately government is also so obsessed with new world order market-forces that it is selling out (privatising) our Lands Departments (were you asked if that is ok? I wasn't.....another sneaky deal) and doing away with all the useful, helpful, experienced, knowledgeable public servants.
I don't accept the story about 'no one knows'. If the Company still owns it...and people are not companies, only agents or fiduciaries of companies. Council will be sending them rate notices and will know if they are paid. My intuition on the Council reply is that rates are being paid...could be by the people who were directors of the company or their children for example and keeping a low profile. You could ask the rates department 'is it likely this property will come up at an unpaid rates auction?....
If you find the company or liquidators you can ask directors 'would you sell it to me'...They may, however, be bound by company Articles or by law to put it to auction...but try if you like.
Try it honourably. You can do a title search, anyone can, and then if a company owns it, research through say ASIC or court documents if a bankruptcy is concerned...although were that the case the liquidator might have it on his books as a company asset presently not saleable for some impediment...but still paying rates.. Of course in such a case the owner may not have declared it. Another situation..It could have been absorbed into another property...title search and check survey records....or pay someone to do it...not so expensive,
The property may become available to you to buy by negotiation or at auction. In the meantime whether the owners can be found or not trespass is trespass. Think to yourself.. 'were I the owner, perhaps in jail or crippled or old and forgetful,or overseas or simply like my privacy ....how would I like to be treated? and act in a neighbourly way, and not with the illusion not uncommon that you "half own it already"
Start with title search, then ask council whether they will tell you if rates are up to date, can they give you the last address details? of the proprietor they have on the books so you can write to them. If you go about it decently ethically and morally whatever the outcome, however exciting or disappointing you will have lived honourably and with integrity.
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