Hello AU Creators. I was wondering if you folks knew of any websites that allowed you to browse a list of addresses that are delinquent in their property taxes.
I've been able to find lists for places in the USA but I don't think I'm putting the right keywords together for the "down under" flavor.
Reason being: Adverse Possession
I'm sure that using a shed that you crudely build on the lawn for tools and supplies and such, while making open use of their "urban farmland", while doing something to pay the property taxes, would allow you to claim the property in a bunch of years.
Even if you only get 4 years of use out of it before someone else buys it "properly". That is still 4 years of "work" and "earnings" you generate for "the cause".
And if you lose it... move to another plot. No need to cry over a yard.
http://www.wikihow.com/Obtain-Adverse-Possession-in-Australia (http://www.wikihow.com/Obtain-Adverse-Possession-in-Australia)
Elements In order that adverse possession ripen into legal title, nonpermissive use by the adverse claimant that is actual, open and notorious, exclusive, hostile, and continuous for the statutory period must be established. All of these elements must coexist if title is to be acquired by adverse possession. The character, location, present state of the land, and the uses to which it is put are evaluated in each case. The adverse claimant has the burden of proving each element by a preponderance of the evidence.
Actual Adverse possession consists of actual occupation of the land with the intent to keep it solely for oneself. Merely claiming the land or paying taxes on it, without actually possessing it, is insufficient. Entry on the land, whether legal or not, is essential. A Trespass may commence adverse possession, but there must be more than temporary use of the property by a trespasser for adverse possession to be established. Physical acts must show that the possessor is exercising the dominion over the land that an average owner of similar property would exercise. Ordinary use of the property—for example, planting and harvesting crops or cutting and selling timber—indicates actual possession. In some states acts that constitute actual possession are found in statute.
Open and Notorious An adverse possessor must possess land openly for all the world to see, as a true owner would. Secretly occupying another's land does not give the occupant any legal rights. Clearing, fencing, cultivating, or improving the land demonstrates open and notorious possession, while actual residence on the land is the most open and notorious possession of all. The owner must have actual knowledge of the adverse use, or the claimant's possession must be so notorious that it is generally known by the public or the people in the neighborhood. The notoriety of the possession puts the owner on notice that the land will be lost unless he or she seeks to recover possession of it within a certain time.
Exclusive Adverse possession will not ripen into title unless the claimant has had exclusive possession of the land. Exclusive possession means sole physical occupancy. The claimant must hold the property as his or her own, in opposition to the claims of all others. Physical improvement of the land, as by the construction of fences or houses, is evidence of exclusive possession.
Quote from: Br.Grimm on Tue 12 Nov 2013Hello AU Creators. I was wondering if you folks knew of any websites that allowed you to browse a list of addresses that are delinquent in their property taxes.
No such thing here. Privacy laws are pretty strict; No public listing of names and addresses via utilities, no public criminal records, not even a public listing of your name and telephone number if you don't want it.
If you know any real estate people down there, maybe they have a publication with lists that they have the ability to just go and try to sell since the taxes are delinquent.
Here's some AU thing on Adverse Possession: http://www.mulr.com.au/issues/35_3/35_3_3.pdf (http://www.mulr.com.au/issues/35_3/35_3_3.pdf)
Yep same here in scotland it was legal to claim land here if not used and you could build a basic dwelling and have a fire going in the hearth by sunrise.
But i looked into this not long ago, as i had my eye on a nice little island off the west coast of scotland. But as normal ZOG has made this illegal
shaim it was a good island
That's pretty crappy about the lack of squatter rights in Scotland. I was trying to find alternatives that might be available and I think this might be interesting. Apparently they may allow you to merge a non-registered deed with one you already own, but they won't just do a "from thin air" property transfer. My terms may be wrong but here is the link:
http://www.justanswer.com/scottish-law/1rz10-claim-land-scotland-no-registered.html (http://www.justanswer.com/scottish-law/1rz10-claim-land-scotland-no-registered.html)
"My current solicitor has contacted the land registry of scotland and they have agreed to give me title to the land I in question and merge it in with my current deeds but have stated that in the future if someone can prove they have title then they aren't getting involved. They are doing this because I need the land to update the drainage. The reason I ask this question is that there is more land next to me which is unused and I want to aquire. How would my current solicitor have gone about this."
If they will allow you to merge 1 deed.. maybe they will allow you to merge a million deeds. Since it all rests on 1 deed though, if you can't afford the property tax you lose your scattered Scotland yards.
You may also be able to just USE the land without trying to make a claim. :-\
http://www.fmotl.com/forum/viewtopic.php?f=40&t=2579 (http://www.fmotl.com/forum/viewtopic.php?f=40&t=2579)
"Lawfully there is a much easier method, Allodial claim.
Find an unused parcel of land that is in keeping with your natural requirements, big enough to erect a shelter and grow enough food.
Notify those most likely to have an existing claim such as neighbors and the like.
Give it 28 days or that which is reasonable.
Un-rebutted, your claim stands.
Move on and go about your lawful business.
One can only claim that which is being used/utilized. One cannot claim more than he needs, this is greed.
The elites for instance claim ownership of much land but only in the legal can ownership take place, naturally there is no such thing as ownership, certainly not in the sense of buying entitlement to something such as land. So the elites are primed for claiming against.
Some however are ahead of the curve, declaring their land as nature or wildlife reserves and thus, by doing nothing with the land (not using it) they can claim that they are preserving it and so on and thus technically using it.
This can be countered however by you having a better utilization for it.
You cannot sell when you have finished with the land or how no further use for it, you would just relinquish your claim and move elsewhere. There is no time limit on how long you stay so long as it is being used and you use no more than is reasonable."
I just found this but I think it might help somehow with the AU land use issue.
Pretty vacants: Urban communities fill empty lots with gardens, skate parks, and creative possibility
http://grist.org/cities/pretty-vacants-urban-communities-fill-empty-lots-with-gardens-skate-parks-and-creative-possibility/ (http://grist.org/cities/pretty-vacants-urban-communities-fill-empty-lots-with-gardens-skate-parks-and-creative-possibility/)
Since Grist first featured the group back in 2012, 596 Acres has inspired young lawyers, organizers, urbanists, and gardeners around the world to create similar websites using their cities' own data. In Philadelphia, you can scope out vacant lots on the websites Possible City and Grounded in Philly. In New Orleans, Living Lots launches this November. Comparable sites will soon go online in Los Angelesand Melbourne, Australia.
WHAT ARE WE DOING NOW? 3000acres has recently won the VicHealth SEED challenge. At the moment we are working with VicHealth and TACSI to develop the idea. We are talking to land owners, lawyers, mappers, the community and many many others. We are building the website and thinking about the best way to unlock land. Our website should be up and running soon.
We want to hear from you - do you have land? do you want land? What kind of service would you like to see being developed? Use the contact form, or email hello@3000acres.org