{"id":8681,"date":"2016-07-27T01:00:48","date_gmt":"2016-07-26T15:00:48","guid":{"rendered":"http:\/\/realestatetalk.com.au\/?p=8681"},"modified":"2016-07-27T01:00:48","modified_gmt":"2016-07-26T15:00:48","slug":"getting-a-million-dollar-property-for-a-song","status":"publish","type":"post","link":"https:\/\/channels.realty.com.au\/realtytalk\/getting-a-million-dollar-property-for-a-song\/","title":{"rendered":"Getting a million dollar property for a song – George Vlahakis"},"content":{"rendered":"

 
\nAn abandoned house, a missing owner, a mysterious squatter could add up to a young banker taking ownership of a million-dollar home without paying a cent. We catch up with a prominent property lawyer, George Vlahakis<\/strong>,\u00a0who says it could happen.<\/p>\n

<\/h4>\n

Transcript:<\/strong><\/h4>\n

Kevin:<\/b>\u00a0 A really interesting story I came across the other day about an abandoned house in Redfern in Sydney. The owner has been missing for some time and there is an archaic law that says that if you take occupation, you could actually take ownership. Well that\u2019s actually what\u2019s happening. A young banker is trying to do that. He\u2019s currently living there as a squatter. It\u2019ll be interesting to watch what happens here.
\nLet\u2019s get a bit of background on this, and also the law around this. George Vlahakis is a solicitor with Kydon Segal Lawyers and also Click Conveyancing.
\nGeorge, thanks for your time.
\nGeorge:<\/b>\u00a0 Thank you.
\nKevin:<\/b>\u00a0 I know this law is not strange to you because you had a similar situation recently, didn\u2019t you? But let\u2019s firstly talk about this one and then we\u2019ll reflect back on what you learned from your previous experience. What do you know about this one in Redfern?
\nGeorge:<\/b>\u00a0 Well, this is quite a unique and rare occurrence, which for the person in question who is squatting, is potentially a bit of a windfall. Under the Real Property Act there is a provision that allows someone who takes possession of a property to become registered as the owner of that property if they\u2019ve been in continuous possession for a period of 12 years. My understanding is that this chap has been there for about eight or nine years now, so he\u2019s getting close to that threshold.
\nKevin:<\/b>\u00a0 He probably should have just kept his head down really, shouldn\u2019t he, and maybe waited for the full 12 years you have to be in occupation.
\nGeorge:<\/b>\u00a0 That\u2019s right. You have to be in possession for 12 years. Once that period of time has elapsed, you make an application to the Land Titles Office or Land Property Information in New South Wales as it\u2019s known here, for the property to be registered in your name.
\nIn order for that to be processed, you need to provide them with evidence that satisfies them that you have been in possession of the property for 12 years and you also need to satisfy them that the rightful owner \u2013 if you want to call him that \u2013 is AWOL, and to support your application you need to provide evidence from third parties in the form of statutory declarations or affidavits that they have known you and are aware that you\u2019ve been in possession of the property for that period of time.
\nKevin:<\/b>\u00a0 That could be difficult, couldn\u2019t it? In this particular case, the rightful owner is a Chinese-born man. His name is Paul Fu. He bought the house in the middle of 1991. He hasn\u2019t been heard from for the past nine years, but I believe that the council also had to do some rectification work on this property. Is that right?
\nGeorge:<\/b>\u00a0 That\u2019s right. My understanding from the media articles that have been circulated is that there are some outstanding orders in relation to rectification of some hazardous defects in that property. The person who is in possession of the property would probably be well served to take care of those repairs, which is further evidence that he is in possession of the property and is saying to the world \u201cThis is my property.\u201d
\nOne of the requirements under the legislation is that your possession is open and not a secret, so you can\u2019t be seen to have snuck your way in there and hidden from the real owner for that 12 years.
\nKevin:\u00a0 <\/b>So you have to get to know the neighbors really, don\u2019t you?
\nGeorge:<\/b>\u00a0 That\u2019s right. So you do things like pay council rates, connect electricity, and get bills in your name. You can\u2019t sneak in and out of there; it has to be open.
\nKevin:<\/b>\u00a0 It\u2019s a big gamble, too. You could do that for 11 or 12 years and then find that the owner turns up at the last minute and claims it back.
\nGeorge:<\/b>\u00a0 That\u2019s right. The other risk that he\u2019s running, which is always a risk in these situations, is that he is in reality trespassing. The property does belong to this Chinese chap who is presumably overseas. The rightful owner has all rights to exclusive occupation and possession of the property. This guy here, according to reports, has allegedly broken into the property effectively, through the front door and is in there without the permission of the rightful owner, which is, at law, trespass. If you\u2019re sued for trespass, you can be sued for damages, which could result in substantial penalties and fines and legal costs.
\nKevin:<\/b>\u00a0 Who would have to bring that action? Does that have to be the owner pressing those charges, or can the police do that without him?
\nGeorge:<\/b>\u00a0 Just to give you an example, a scenario that may happen is that the original owner, this Chinese guy, has moved overseas, has suffered some unfortunate accident and passed away. The beneficiaries under his estate are now entitled to ownership of this property through a probate process or otherwise. They then might bring a claim for trespass against the person who is occupying the property, and part of their damages might be the fact that they\u2019ve been denied rental income from the property for the period of time that he\u2019s been in there.
\nYou can imagine if he\u2019s been there for seven years, the rental on a terrace in Surry Hills or Redfern might be $1000 a week, $50,000 a year, multiplied by seven plus legal costs. You could be looking at a half a million dollar bill before too long.
\nKevin:<\/b>\u00a0 Yes, I mentioned at the outset, too, George that you had a similar situation recently. Is that right?
\nGeorge:<\/b>\u00a0 That\u2019s right. I can\u2019t obviously go into specifics or addresses or names, but I did represent a client who came across a property that was abandoned and started going down this road of claiming adverse possession. Thankfully, the beneficiaries or heirs of the rightful owner were found and the property is back in their hands, I understand.
\nKevin:<\/b>\u00a0 Was he in occupation?
\nGeorge:<\/b>\u00a0 He took possession of the property, but the property was extremely run down, so he wasn\u2019t living there. He took possession by changing the locks and making the property secure. It was open to the elements and in an extremely dilapidated state in the inner city. He changed the locks and put a sign up and said, \u201cI\u2019m the owner. If anyone needs anything, you can contact me.\u201d
\nKevin:<\/b>\u00a0 Okay, yes. That\u2019s an outward statement, isn\u2019t it? He\u2019s making claim to it. Would he have also paid back rates or anything like that?
\nGeorge:<\/b>\u00a0 He was in the process of arranging to do that. There was a substantial levy outstanding for council rates, which he didn\u2019t get the opportunity to pay, thankfully.
\nKevin:<\/b>\u00a0 If he had paid that and the owner then came forward, could he claim that back?
\nGeorge:<\/b>\u00a0 The person who paid the rates, not being entitled to the property, would have a very difficult time getting them back from the owner.
\nKevin:<\/b>\u00a0 It\u2019s a gamble, isn\u2019t it?
\nGeorge:<\/b>\u00a0 That\u2019s right, yes.
\nKevin:<\/b>\u00a0 Yes, it certainly is. We\u2019ll watch this one with interest. It could be a long, drawn-out process. Where would he stand now if this person doesn\u2019t come forward, and assume no one makes claim to it? Could there be a dispute? Could someone else move in, as well, or because of the period of time he\u2019s been there, is he pretty safe in that case?
\nGeorge:<\/b>\u00a0 He does have some legal rights to the property because he\u2019s in possession of the property. You can\u2019t move him out by force, short of getting an order of the court and having the courts intervene on your behalf. So he does have some protection being in possession of the property now.
\nKevin:<\/b>\u00a0 He\u2019s probably done the right thing by coming out and making it known. It\u2019s a bit like your guy putting a sign on there saying \u201cHey, I\u2019m in ownership.\u201d He\u2019s just got to hold his breath now and hope that nothing happens in the next few years.
\nGeorge:<\/b>\u00a0 That\u2019s right. Paul Fu, the Chinese-born rightful owner, and his relatives if they\u2019ve come across now or this has been brought to their attention, should be making moves fairly quickly to take possession of the property back.
\nKevin:<\/b>\u00a0 I\u2019ve been talking to George Vlahakis who is a solicitor from Kydon Segal Lawyers about this very interesting case. We\u2019ll continue to watch it.
\nGeorge, thanks for your time, too.
\nGeorge:<\/b>\u00a0 Thank you very much.<\/p>\n","protected":false},"excerpt":{"rendered":"

  An abandoned house, a missing owner, a mysterious squatter could add up to a young banker taking ownership of a million-dollar home without paying a cent. We catch up with a prominent property lawyer, George Vlahakis,\u00a0who says it could happen. Transcript: Kevin:\u00a0 A really…<\/p>\n","protected":false},"author":176692471,"featured_media":8682,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[33,10,11,13,36,17,22,25],"tags":[101],"class_list":["post-8681","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-case-studies-topic","category-kevin-turner-sponsored-channels","category-kevin-update","category-latest-story","category-property-investment-topic","category-property-investment","category-research-topic","category-sponsored-channels","tag-podcast"],"yoast_head":"\nGetting a million dollar property for a song - George Vlahakis - Realty Talk<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/channels.realty.com.au\/realtytalk\/getting-a-million-dollar-property-for-a-song\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Getting a million dollar property for a song - George Vlahakis - Realty Talk\" \/>\n<meta property=\"og:description\" content=\"  An abandoned house, a missing owner, a mysterious squatter could add up to a young banker taking ownership of a million-dollar home without paying a cent. 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