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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42668
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I own a house next to my principal place of residence. Squatters

Customer Question

I own a house next to my principal place of residence. Squatters have have moved in recently. how do I evict them legally under Western Australia law?
How many years do they need to squat for before they can claim adverse possession?
Is there a guide on the internet that gives a step by step process on how to evict squatters?
On the basis that the house is dilapidated, how do I get approval from all relevant authorities to demolish the house and in turn get rid of the squatters? Hence, is it easier and faster to get an application to demolish the house and inforce the demolition as opposed to going through the legal process to remove the squatters?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
They have to be there without your knowledge and improve the land and pay the bills for 12 Years
Here is some information
http://www.mondaq.com/australia/x/298468/agriculture+land+law/Whose+land+is+it+anyway+boundaries+adverse+possession+and+encroachment
You have to send them a letter asking them to leave.
Give them 28 days.
if they refuse then you need to take them to court and get orders for their eviction.
Once you have the orders then you can have the Sherrif remove them.
If you want to demolish the house you need to make an application to council
Good luck I hope this makes sense and is of assistance. If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Customer: replied 1 year ago.
In relation to your answer re eviction through the courts, if I persue legal action (after serving them a letter of eviction and waiting 28 days without response) can I take the court action to evict them by myself or do I need to engage a solicitor? What would be the approximate cost of engaging a solicitor to affect the eviction?
If I take the demolition course of action, once I get council approval to demolish can I send in the demolition people and if the tenants do not depart enforce their eviction via the police force?
Expert:  Leon replied 1 year ago.
Good Afternoon
You can take the action on your own.
There is no requirement that you have to use a solicitor.
Solicitors will charge you by the hour. Most charge about $ 300.00 per hour plus GST
I cannot say what it will cost it depends on whether the squatters defend it.
You have to get them out with a court order. The police will not assist without it.

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