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QLD Property Law - Submit a Claim of Ownership on Abandoned Property?

Discussion in 'Property Law Forum' started by bust@nut, 4 November 2015.

  1. bust@nut

    bust@nut Member

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    Good morning and God bless

    What if I come across an abandoned property on government land, not secure and is in the open. The property hasn't been maintained and is run down. How or is there a way I can submit a claim of ownership under Property Law?
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi bust@nut,

    The situation in Qld regarding adverse possession of Government or Crown Land (where the land is the subject of a Crown Lease) is complicated and unsettled (as least as at 2012) when an article was written by QUT Law Professor - Bill Duncan.

    http://eprints.qut.edu.au/56807/1/Adverse_possession_and_Crown_Leasehold_in_Queensland.pdf

    An extract from the above article states:
    "There is no mention of adverse possession in any version of the Queensland Land Acts and only s 6(4) of the Limitation of Actions Act 1974 makes it clear that “the right, title or interest of the Crown” in or to any land is not affected by any adverse possessor. It is against the background that the Court considered the right of an adverse possessor to a Crown lease."

    Therefore the first question that requires an answer, is whether the land is subject to a Crown Lease?

    Kind regards
     
  3. bust@nut

    bust@nut Member

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    I think it may be public property. So what do you think of my chances of my farming off it, as well as replacing all the locks with my own.
     
  4. bust@nut

    bust@nut Member

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    But what if it was crown land?
     
  5. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi bust@nut

    You need to do a title search, to determine who owns the land... and whether it is Crown Land, or A Crown Lease, or something else.

    The law differs in each case.. and guessing, is not going to provide you with any certainty at all. Please let me know if you need assistance.

    Kind regards
     
  6. bust@nut

    bust@nut Member

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    Please, I'm even going to meet with the land owners to acquire a traditional land title off the original land owners of the area. I need all the help I can get.
     

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