[Karen ODonnell]

Good afternoon all

We have a property owner who, for 19 years believed they owned a small parcel of land that was formerly road, which adjoins their property.

A title search reveals it is still in the original owners name, who passed away in 1979.

The customer is in the process of lodging an application for possessory title with NSW Land Registry Services.

The VG provided a land value in 2006, and rates have been levied since 2007. Notices have been issued to the original owner and have remained unpaid.

Our question is, if the application for possessory title is granted, does the debt transfer as well?

regards
Karen

[Simone Fisher]

Hi Karen, we had a similar one a few years back. As the lots adjoined & the ownership issue was clearly a title error we contacted the Valuer General & request a consolidated valuation once the title had been corrected.
Ours went back 5 years so the VG’s supplied a reascertained valuation for the current & previous base date valuation. This then allowed us to process a supplementary adjustment & cancel the rates on both assessments & relevy as one assessment back to the date it had been levied from.
Consolidating them only resulted in a slight increase for the ratepayer which they were happy about & being able to process a supp adjustment to cancel the second assessment was an easy fix for us.
Depending on the circumstances of this one it may be worth you speaking to the VG’s to see if this would be possible.

Thanks,
Simone

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