It was a modest fibro cottage in Sydney’s south that eventually sold for an immodest $1.5 million. This is the intriguing story of its former owner.
But beyond the predictable tale of sky-high property prices was a legal mystery about its ownership. This is how one man became its owner under so-called “squatter’s rights”, otherwise known as adverse possession.Croatian migrant and ship’s engineer Joseph Louis Saric, aged in his mid-40s when he died of cancer, was the original owner of the one-bedroom cottage. The court found the divorcee had lost contact with his family and did not leave a will.
After Paul’s death, the executor of his estate applied to the court for orders enabling him to sell the property on the basis that Paul, survived by his widow, had become the owner of the cottage by adverse possession, and it formed part of his estate. The judge referred to “the possibility … that Mr Saric may have told Mr Paul that the latter could have the cottage, perhaps in return for care provided by Mr Paul”. But there was no evidence to this effect.
Lane said that “you start with the proposition that the person who’s in adverse possession is actually in possession, that is, doing acts that an owner would do, like, for example, fencing the property, keeping people out, as occurred in this case”. A longer period of 20 years was required in the Gymea Bay case because older laws applied. A 40-year limitation period operated in any case to extinguish any other claims to the cottage.Macquarie Law School Professor Cathy Sherry said that this was “a fairly typical adverse possession case”. It illustrated that people “can lose track of land, and can lose track of relatives”.
Australia Latest News, Australia Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Our seven favourite homes for sale in Sydney right nowLooking for your next home? From a shimmering waterfront apartment to a renovated landmark house, we’ve got you covered.
Read more »
‘Unwanted, unnecessary’: Proposal to rename Sydney’s Cook River Goolay’yari blastedThe Cooks River in southwest Sydney could be renamed to Goolay’yari as part of a local government-backed proposal to honour its Aboriginal heritage.
Read more »
Sydney to enjoy welcome weather change, 11-day rainy streak finally endsSydneysiders can finally hang up their umbrella, and their washing, after 11 consecutive days of rainfall across the state.
Read more »
South Sydney stand-in coach Ben Hornby takes aim at ‘disrespectful’ Wayne Bennett claims7NEWS brings you the latest local news from Australia and around the world. Stay up to date with all of the breaking sport, politics, entertainment, finance, weather and business headlines. Today's news, live updates & all the latest breaking stories from 7NEWS.
Read more »
Rabbitohs coach Jason Hornby rejects 'disrespectful' suggestions Wayne Bennett already running South SydneyJason Hornby has led the Rabbitohs to five straight wins since Wayne Bennett was announced as the club's coach for next season. He says the mastercoach has nothing to do with the uptick in form.
Read more »
Rabbitohs coach Ben Hornby rejects 'disrespectful' suggestions Wayne Bennett already running South SydneyBen Hornby has led the Rabbitohs to five straight wins since Wayne Bennett was announced as the club's coach for next season. He says the mastercoach has nothing to do with the uptick in form.
Read more »