The Great Lottah Land Grab

BODC, Tasmania

Lottah

X: Lottah Recreation Ground. A: PID 1565417; B: PID 6805766; C: PID 1565425 (From Google Maps)

PID 1565417 (Registered owner Robert Finlay, believed deceased) - 8 Ha. (20 acres) adjoining Lottah Rec Ground to east
PID 6805766 (Registered owner Bernard Fredrick Phelan, believed deceased) - 4 Ha. (10 acres) adjoining Lottah Rec Ground to west
PID 1565425 (Registered owner W. S. Brown, believed deceased) - 0.24 Ha. (0.6 acres) about 400 m west of Lottah Rec Ground along and south of Lottah Road

Quarter century ago a British retiree (henceforth referred to as 'Pommy') made a splash at Lottah by buying up some properties near the Lottah Recreational Ground and proceeded to make a thorough nuisance of himself. He became such a nuisance that one of the locals took steps to have him divest of the properties he had purchased (FIRB Rules). A few years later he disappeared over the horizon, hopefully never to darken these shores again.

In addition to the 3 parcels of land purchased he had made adverse possession claims (otherwise known as 'squatting') on a further 3 properties across the road amounting to over 12 Ha. (30 acres). The PID of the 3 parcels are highlighted above.

Some questions that come to mind are:

  1. Was there a prior adverse possession claim made on PID 1565417 that was suppressed in favour of Pommy's subsequent claim?
  2. Were Council employee/s who facilitated the claims aware the claimant was a foreign national here on temporary visas subject to renewal every 6 months from outside the country?
  3. Since Pommy was no 'Spring Chicken', did Council employee/s expect Pommy to reside at Lottah for a further 30 years to obtain title to the properties? Or was he acting as proxy for other person/s?
  4. What became of the adverse possession claims after Pommy's departure? Are rates still being paid on the properties, and by whom?
  5. Are the current ratepayers of the properties related in any way to Council employees?
  6. As the properties are not adjoining, and the titles are in different ownership, are individual rates being applied to each parcel of land or have they been amalgamated for rating purposes? If amalgamated, how long has this practice been going on, and who is responsible for the decision? How many other properties are there around Lottah that have been amalgamated for rating purposes although they are valued separately?
  7. Do the claimants of the above 3 properties (or their associates) have other adverse possession claims at Lottah?
  8. Does BODC have any policy regarding employees using privileged information to benefit relatives and friends? What measures do the elected Council take to ensure that the policy (if any exists) is enforced?

A complaint was filed with the state ombudsman twenty-five years ago, but this being the State of Corruption, the complaint and a follow up letter have not been acknowledged. However, the Recorder of Titles is aware that the adverse possession claims have been challenged.

On the local front both BODC as well as Tasmania Police have been aware of the challenge. How the coppers got involved in this matter is a story for another time but bears on the law of unintended consequences.

It is possible there are other abandoned properties at Lottah that could become the subject of adverse possession claims. Information on these may be available at local council chambers. Feel free to spread the good news through social media.

Titles to the three properties listed above have not been extinguished so far. Descendants of the registered owners may be able to reclaim the properties through the usual legal channels.

 

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