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Tom , our client, is a 23 year old farmer in Maudsland. He needs our advice with regard to the one hundred hectare property where he has lived his whole life. At the time of his birth his parents Fred and Vera were farming on the property. Tom grew up on the farm as an only child, thinking that the farm belonged to his family. During his life, he has been aware that his father has been paying rates and taxes on the property, and has been maintaining the buildings and land, including planting and harvesting macadamia and olive trees. He has heard his parents say that they built the house, as well as the outbuildings and stables on the farm before he was born. Since Tom was five years old, he remembers going along with his father and some helpers to harvest nuts and olives. The entire property is currently fenced, but Tom is not sure when the fence was erected.
Tom’s father and mother both passed away 4 years ago. Fred, in his will provided that “ all my interest in the property situated at 59 Finucane Road Maudsland I leave to my only son Thomas Jones”.
Tom has remained on the property after his parents deaths with his partner Brittany.
Recently, Tom and Brittany decided to build a second residence on the property in order to create some rental income. However, on approaching council he was informed that the property was not registered in his father’s name but in the name of one Clive Coronis, whose whereabouts are unknown to the Council. He was also told that he would be unable to get approvals for a new residence unless he were the registered owner of the property.
Tom has made enquiries of some of the local farmers and he believes that Clive Coronis passed away some years ago leaving an only daughter who now lives in Italy.
Tom now wishes to make application to have the property registered into his name, based on his family’s past occupation of the land and the improvements they have made to the property.
Advise Tom on what further information he would need to provide to the firm (if any), in order to advise him accurately, what process he would need to follow to bring the application and what the likely outcome of the application would be.
Please draft:
(a) A Letter of Advice to Tom Jones dealing with the issues raised and
(b) A Memorandum of Advice to to me detailing the legal basis for your advice on each issue .