chattels left on property after settlement

[johnnewstart]

we purchased a property in QLD from a bank exercising it power of sale - the property was being sold by a receiver. The contract is "as is" basis but also states that chattels are not included and the seller is not required to remove any chattels prior to settlement. There were many items that were abandoned, rubbish and so on. The receivers also sent a letter to the previous owners to remove all items otherwise the receivers will dispose of them - said in this letter the items are in disrepair and considered abandoned - this was 12months prior to settlement.

Now that the property has settled who now owns the chattels?

We tried to clarify and change clauses prior and were told we cannot it is as is.

 

[marg4000]

Check with the solicitor who handled the purchase for you.
Marg

 

[johnnewstart]

thanks Marg

we did and they said it is ours post settlement but I am not convinced as the lawyers we used had some faults - as an example we requested to settle at the titles office but we did not and we ended up with a caveat post settlement due to them not settling at the titles office. Took us, well our bank, 5 mths and supreme court to remove it as it was illegal yet DNRM allowed it.

 

[Terry_w]

If they chattels are not fixed to the land and/or not included in the contract then their ownership remains unchanged. THe previous owner owns them.

CHeck out the disposal of uncollected goods act qld.

 

[johnnewstart]

Terry,

Would this also be relevant that the previous owner owns them even though they received a letter 12 months prior to settlement to remove or the receiver will dispose of them as items left are in disrepair and considered abandoned?

Also I understood that items left on property after settlement are than the new owners regardless of what is in the contract?

John

 

[Terry_w]

Title to property remains with the original owner. eg. you find a watch- its yours until the original owner turns up. these chattels are yours until the original owner comes back to claim them. If you want to dispose of them you will need to read the act to see what and how you can do so or you could be liable to compensate the owner if they come back.

 

[johnnewstart]

thanks for the input will do some checking