占屋法和成为“合法占屋者”在 2018 年仍然是一件大事——这就是为什么

占屋法律可追溯到 1900 年的新南威尔士州,最初针对的是文盲人口众多的社区。

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占屋法和成为“合法占屋者”在 2018 年仍然是一件大事——这就是为什么

尼克·萨斯 (Nick Sas)莉莉·梅耶斯 (Lily Mayers)
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房子
这处悉尼房产估计价值 160 万美元,根据擅自占地法被一名房地产开发商索取。美国广播公司新闻:莉莉梅耶斯

这听起来像是一部虚构的法律。

但逆权占有,通常被称为“占屋法”,是非常真实的——只要问问已故的亨利·汤普森·唐尼的家人就知道了。

昨天透露,新南威尔士州最高法院的一项决定将 Downie 先生的故居交给了一位房地产开发商,该开发商于 1998 年发现了它,换了锁并开始出租

这一决定引起了全国的关注,并引发了许多问题,其中最主要的一个问题是:2018 年怎么会发生这种情况?

“这是一个非常古老的财产法学说,”新南威尔士大学财产法专家凯茜雪莉教授告诉澳大利亚广播公司。

新南威尔士大学教授和财产法专家 Cathy Sherr
UNSW 教授和财产法专家 Cathy Sherry 认为逆权占有仍然是必要的ABC 新闻

“从本质上讲,这意味着如果你拥有土地,你就可以推定拥有土地所有权。”

该法律可追溯到 1900 年的新南威尔士州,最初针对的是文盲人口众多的社区。

“就像 200 年前的英格兰,”雪莉教授说。“[那时候]他们不太可能拥有他们拥有土地的文件。”

在 2018 年,这种情况不太常见,但正如昨天的报道所强调的那样,它仍然存在。

它是如何工作的?

擅自占地者必须在房产上居住多长时间的时间框架因州而异。

在南澳大利亚,这种做法是非法的,但如果擅自占地者能够证明他们在未经合法所有者同意的情况下在该物业中居住了 15 年,则可以申请所有权。

这在 2016 年达到了顶点,当时擅自占地者 Iain Herridge 被允许留在阿德莱德山的一所废弃房屋中,当时有两个人帮助他还清了 39,000 美元的市政利率债务,前提是他们在他声称拥有该房屋的权利后获得了该房屋的股权。财产。

伊恩·赫里奇正在检查他的手机
2016 年,Iain Herridge 在废弃房屋的前院合影。ABC 新闻:Carl Saville

维多利亚州的 15 年时间框架相同。在昆士兰、新南威尔士和西澳大利亚,擅自占地者必须在该房产上居住 12 年。

就悉尼价值160万澳元的房产而言,房地产开发商Bill Gertos在翻新房屋后根据新南威尔士州房地产法向新南威尔士州注册总局提出了申请。

去年警方联系他们后,这家人才知道。他们上诉到最高法院,但败诉了。

Gertos 先生素未谋面的邻居昨天呼吁对法律进行改革,称其不公平。

无需改革,“真的很公平”

但根据雪莉教授的说法,没有它就无法运行财产制度。

“总会有奇怪的情况出现,”她说。

“例如,你可能有‘艾达姨妈’,她在同一处房产中居住了 50 年,但没有人真正想到她父亲在遗嘱中将它留给了她哥哥这一事实。

“这可能会发生,在那样的情况下,这真的很公平。

“而且我认为我们不会看到改革。”

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Squatting laws and being a 'legal squatter' are still a thing in 2018 — this is why
By Nick Sas and Lily Mayers
Posted Thu 1 Nov 2018 at 3:24amThursday 1 Nov 2018 at 3:24am, updated Thu 1 Nov 2018 at 6:19amThursday 1 Nov 2018 at 6:19am
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This Sydney property, worth an estimated $1.6 million, was claimed under the squatters law by a property developer.(ABC News: Lily Mayers)
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It sounds like a made-up law.

But adverse possession, more commonly known as "squatting law", is very real — just ask the family of the late Henry Thompson Downie.

A decision in the NSW Supreme Court, revealed yesterday, handed Mr Downie's former home to a property developer who came across it in 1998, changed the locks and started renting it out.

The decision led to raised eyebrows across the country and raised many questions, the main one being: how can this happen in 2018?

"It is a very old doctrine of property law," University of NSW property law specialist Professor Cathy Sherry told the ABC.

UNSW professor and property law expert Cathy Sherr
UNSW professor and property law expert Cathy Sherry believes adverse possession is still needed(ABC News)
"Essentially it means if you are in possession of land you can presume to have title to land."

The law, which dates back to 1900 in NSW, was originally aimed at communities with a large illiterate population.

"Like 200 years ago in England," Professor Sherry said. "[Back then] they were unlikely to have documents that they owned land."

In 2018 it is less common, but, as yesterday's story highlighted, it is still a thing.

How does it work?
The timeframe for how long a squatter must live on a property itself differs from state to state.

In South Australia the practice is illegal, but a squatter can apply for ownership if they can prove they have lived in the property for 15 years without the consent of the legal owner.

This came to a head in 2016 when squatter Iain Herridge was allowed to stay at an abandoned house in the Adelaide Hills when two people helped him pay off a $39,000 council rates debt, provided they gained an equity stake in it once he claimed rights to the property.

Iain Herridge checking his phone
Squattor Iain Herridge pictured in the front yard of the abandoned home in 2016.(ABC News: Carl Saville)
The 15-year timeframe is the same for Victoria. In Queensland, NSW and Western Australia the squatter must reside on the property for 12 years.

In the case of the $1.6 million property in Sydney, the property developer, Bill Gertos, made an application to the NSW Register-General under the NSW Real Property Act after renovating the home.

The family only found out last year after the police contacted them. They appealed to the Supreme Court but lost the case.

Mr Gertos' neighbours — whom he has never met — were yesterday calling for reform to the law, labelling it unfair.

No need for reform, 'it really is fair'
But according to Professor Sherry you could not run a property system without it.

"There will always be odd circumstances that arise," she said.

"For example, you could have 'great aunt Ida' who has lived in the same property for 50 years, but no-one really thinks about the fact that her dad technically left it in his will to her brother.

"This can happen, and in circumstances like that, it really is fair.

"And I don't think we'll see reform."

Posted 1 Nov 20181 Nov 2018, updated 1 Nov 20181 Nov 2018
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