Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

QLD Inheritance - Can Family Friends Claim Ownership of Property?

Discussion in 'Property Law Forum' started by Chace, 24 September 2016.

Tags:
  1. Chace

    Chace Member

    Joined:
    24 September 2016
    Messages:
    1
    Likes Received:
    0
    Recently gained inheritance of a family property. Friends of my deceased family are staying in the house rent free. Is there any time limit or any way they can claim ownership of our property?
     
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    1,967
    Likes Received:
    466
    Has there been a Grant of Probate, and
    if so, has the property (house?) been transferred into your name yet?

    Is there anything specific in the will?

    Are they guests, or tenants, staying there under a less form arrangement,
    or are they maybe even squatters?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,863
    Likes Received:
    380
    Yes. As Tim says, look at the will. And after 30 years possession, they can claim adverse possession.

    The longer you leave something like this, the harder it can become to move them on.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  4. Iamthelaw

    Iamthelaw Well-Known Member

    Joined:
    13 September 2016
    Messages:
    288
    Likes Received:
    61
    Similar to what Tim asks, has the property been transferred into your name? Has it been left solely to you alone or to you and some one else etc?

    It's hard to claim a title as the indefeasibly principle of the Torrens title system is pretty solid, except in instances of fraud.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;