NSW Caveat on Deceased Title - Have Name Transferred?

[Hannah 3105]

Hey everyone,

Just after views on a matter for a friend. My mate has a caveat on a property of someone that is deceased for last 20 yrs and has been paying the rates since then.

Is it possible for him to get transferred into his name?

 

[Rob Legat - SBPL]

What state is the property in? This will make a difference.

 

[Hannah 3105]

What state is the property in? This will make a difference.

Hey Rob
Nsw

 

[Rob Legat - SBPL]

Thanks. I'm in Queensland. But hopefully there's someone who has knowledge of NSW law that can assist. It possible looks like it could be an 'adverse possession' situation, but more details may be needed.

 

[Rod]

Who is on title? the deceased or someone else? What was the relationship between your friend and the deceased?

Is your friend living in the property?

Adverse possession may possible but it depends on various details that should be explained to a lawyer, and then it will take win in a court case to transfer the title.

Or it could be a trust claim, again your friend needs to see a lawyer..

 

[Hannah 3105]

Who is on title? the deceased or someone else? What was the relationship between your friend and the deceased?

Is your friend living in the property?

Adverse possession may possible but it depends on various details that should be explained to a lawyer, and then it will take win in a court case to transfer the title.

Or it could be a trust claim, again your friend needs to see a lawyer..

Hey Rod

The deceased are on the title
They paid out the rates owing on the property and have for 25 years
They have used land to hold cattle before

 

[Rod]

Your friend is in a difficult position.

Does he tell a lawyer now and attempt to get his name on the title which may cause an executor somewhere to sit and take notice, or just do nothing because it has worked out OK for 25 years.

Is he living on the property/working the property? Is he wanting to pass the property onto family?

I don't know what is best for your friend.