Can squatters take legal possession of an empty property? Well, sort of

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The idea of 'squatters' rights' has received a lot of media attention recently amid the grim reality of the Australian housing market.

Nothing excites law students like the idea of a free house. Or alternatively, enrages them. It depends on their politics. As a result, academics condemned to teaching property law find it hard to resist the "doctrine of adverse possession". The fact that a person can change the locks on someone else's house, wait 12 years, and claim it as their own, makes students light up in a way that the Strata Schemes Management Act never will.

The next of kin had a legal right to eject him, but they had failed to do so within the statutory time limit of 12 years. Gertos had the best claim to the house. He promptly sold it for $1.4 million. Outrageous as this may seem, the law encourages caring for land. If you fail to take responsibility for your land, and someone else does, you can lose it. Gertos' jackpot was unusual, and adverse possession has always been more relevant in a country like England.

 

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