More than 20 years ago I sold a Property/Land to a Person that is now deceased.
The title of the deed/land was never changed - does the Kyneton Victoria Council have the power to take ownership, if the Land Rates more not paid for more than 20 years?
Under Section 181 of the Victorian Local Government Act 1989, Council has the power to sell land to recover unpaid rates and charges, if the rates and charges have been unpaid for more than three years.
Section 4 https://www.mrsc.vic.gov.au/About-Council/Our-Council/Polici…
Thank u for your Replies - both of you ..
what is google?
dunno you should yahoo it
Councils most certainly can sell properties that have large unpaid rate bills.
And they don't try very hard to get the best price, because all they get out of it is the unpaid rates.
But if the property is still legally yours, why don't you pay the rates, and its yours. Again.
So where were the rate notices sent to for the last 20+ years?
Logically it would have been to the owners address recorded at the Titles Office. To suggest the title was not changed from the previous owner does not make sense.
Regardless, a simple call to the local council will solve all OP's questions/concerns
Exactly - think of the massive profit in terms of change of value vs the relatively small outstanding balance…
If the title/deed is still in your name, can't you sell the property and use some of the profits to pay 20 years of rates?
Go see a Lawyer.
Take the Contract and details of any payments you received or made.
If you want to pursue this, don't wait for Council to sell the Land to someone else.
You snooze, you lose.
Wow, with compounding interest & penalties you could owe over $100k
Yes
/thread
if you previously sold it then it is not legally your land
The title of the deed/Land was Never changed
Legally the land is indeed Judy's.
Beneficially it is probably part of the deceased estate.
Legally the land is indeed Judy's.
Nah not if it’s been 20+ years - if someone has occupied and maintained the property for 15+ years, even without owning it, it’s theirs. It’s called adverse possession, or “squatters rights”.
Recent example:
https://www.news.com.au/finance/real-estate/buying/squatter-…
Nope - still wrong.
Legally the title is proof of legal ownership and title is indefeasible. The estate has an equitable right to the land and can require the transfer.
If someone has occupied the land in a way that is adverse to the true owners, then the cause of action in ejectment is extinguished, but until the title is amended to reflect these new rights, Judy remains the holder of the legal title.
Not sure what the rules are in the metaverse. Ask Zuck
Do an online property search to confirm you if are indeed still on the title. I am not certain but I think the search also shows the registered address of the owner on the title.
Call in to the talkback law talking guy on ABC 774 on Tuesday's at 10am.
The law of contract recognises "consideration" as an essential element of a valid contract. In other words, if the other party has paid for the property ( and can prove it via a cleared cheque etc) , then they likely own the property regardless of whether the title has been changed. Good luck
Why wasn’t the title changed? Seems an odd situation.
In SA they're selling houses/land 3 years after non-payment of rates. It used to be they had to wait 10 years. Had a friend whose Father's house was the first sold by a council for rates recovery. Took over 10 years to get it through the courts, now Councils just lodge basic paperwork & it's done!
How did this come to your attention? Was the purchaser a relative and you are freaking with their estate and found this out?
Oops, freaking = dealing!
I'm sure they have given themselves the power, whether they have a moral or lawful right to it is another question. But that raises the question of who owns the land, if money changed hands but the title didn't change for some reason then does the land still belong to you leaving you liable for the backdated rates or is it the property of the deceased's heirs?
If it does fall back to you then may 40K in backrates is a small price to pay for a great block of land?