Hi Dani,
We have conducted and assisted several Councils with their s713 sales recently ie , Tenterfield Shire Council, Blayney Shire Council, Cabonne Shire Council, Carrathool Shire Council and Central Darling Shire Council – we have an auction on this Friday 19 March 2021 for Coolamon Shire Council and one in June for Junee Shire Council.
There are 2 ways that I see to do this, both using s713. Although you can approach the owners before you commence a s713 sale, under s713 there is a time line.
1. s713 Sale of Land for Unpaid rates – Once advertised a contact letter would be sent to the adjoining owner/s to see if they were interested in attending the auction to bid on the relevant block. Although there is $6500 owing that doesn’t stop Council from selling the block and then being able to write the residual off; or
2. Possessory title – Council can talk to the adjoining owner about making an application for possessory title – If there is interest and the neighour meets the criteria, which my understanding is they have had access and use of the land for a least 12 years. Of course they would be guided by their solicitor. The other proviso is the arrears are to be paid, by which Council will withdraw the property from the auction list thus giving the neighbour time to make the application.
Possessory title is not cheap but it is one way for the neighbour being able to secure the property and not have to chance the auction.
Regards
Murray Crane
Outstanding Collections
M/N 0409-999-127
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