Sydney Lawyer Acquitted, Wife and Son Convicted in Landmark Adverse Possession Fraud Case
Sydney – A Sydney lawyer, Peter Colquhoun, his wife Margaret, and their son Andrew have stood trial for fraud over an alleged plot to assume ownership of a property in Glebe, New South Wales, through adverse possession—commonly known as squatter's rights. Peter Colquhoun was acquitted, while Margaret and Andrew were convicted.
This case is noted as the first in Australia to apply criminal law to adverse possession claims.
The Property and Its History
The property at Glebe was originally owned by Ansis Neilands, who died in 1995. His will left the property to his sister in Florida, with a contingency to her sons.
Neighbors Mr. and Mrs. Huszti, who had cared for Neilands before his death, attempted to locate his relatives. In 1996, they sought letters of administration via Peter Colquhoun's law firm to recover costs associated with caring for Neilands.
The property was tenanted from 1997 to 2002. After the tenants left, Margaret Colquhoun wrote to the rental agent in July 2003, stating she would manage the property and planned to renovate.
Renovations occurred in 2003. From February 2004 to January 2011, rental income totaling $184,798 was deposited into Margaret's bank account. Council rates and land tax were paid by Margaret and Andrew.
The Adverse Possession Claim
In November 2013, Margaret and Andrew executed statutory declarations asserting they had been in possession of the property since November 1, 2000, and that it appeared abandoned. They obtained title in June 2015.
The Crown alleged these statements were false. The property was tenanted in 2000, and Margaret only began acts of ownership in 2003. The judge found both Margaret and Andrew made multiple deceptions in documents between 2013 and 2014, expediting the property transfer near the end of the 12-year limitation period.
Trial Outcome and Sentencing
- Peter Colquhoun: Acquitted. The judge did not find him party to a joint criminal enterprise.
- Margaret and Andrew: Convicted of fraud.
They remain on bail, with sentencing scheduled for August 3.