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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42323
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My father is living in the house he built. But it's on land

Customer Question

My father is living in the house he built . But it's on land signed by my brother step brother and myself . Dad is 90 and wants me to have the house and land as the others haven't been near him and he's living with me
Submitted: 7 months ago.
Category: Australia Law
Customer: replied 7 months ago.
Is there a loop hole that dad could be classed as a squatter and the house goes to him he's been in it for 30odd years
Expert:  Leon replied 7 months ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you. Did you give him consent to build the house?

Being there for that long if he also paid rates etc he can claim adverse possession.

There are no such thing as squatter laws. He is either a border or a tenant.

But if he paid for the house he has an equitable interest giving him more rights.

Customer: replied 7 months ago.
Dad has paid for all rates,maintenance and upkeep of the property. Dad also paid for the full cost of building the house.he has no help from any family member except his daughter Glennis and myself .I am Glennis partner .thank you for your help.
Expert:  Leon replied 7 months ago.

Good Morning

What state of Australia is this in?

Customer: replied 7 months ago.
We are in Western Australia
Expert:  Leon replied 7 months ago.

He will need to see a solicitor about his right to adverse possession but here is some information.

If your father is successful then the lad becomes his as well and he can will it to who ever he wants.

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.

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