A woman has obtained a court order to have her nephew removed from a Taupō, New Zealand property he refused to leave after living there rent-free for 12 years.
John-Boy Underwood had occupied the three-bedroom house on Hinemoa Avenue since 2011.
The house had belonged to Roroihape Rameka, who died in 1980, and was part of her estate left to her ten children.
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Four children were still alive. One of those was Ruby Te Kahika, who was administrator of the estate.
Te Kahika’s sister Connie Underwood was John-Boy’s mother.
A recent court ruling stated that John-Boy had been allowed to live in the house and was only required to pay rates, not rent.
Te Kahika said John-Boy had made a verbal agreement with her brother that he was allowed to occupy the house until she decided to sell it.
In April last year Te Kahika gave John-Boy four months to leave the property.
He was required to start paying rent from October 10 last year.
He didn’t leave the property, or pay rent.
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In May Te Kahika filed High Court proceedings seeking possession of the property so she could meet her obligations to complete the administration of her mother’s estate.
She also sought an order for $AU12,954 ($NZ14,320) in unpaid rent.
Te Kahika’s application for summary judgment was heard by Associate Judge Clive Taylor.
Connie Underwood told the judge she believed the property should be preserved for the whānau (extended family), and should be treated as if it was owned by whānau.
She said it was her parents intention that the house be retained as a place for the whānau to return to if they needed to.
Associate Judge Taylor said “Whatever the family issues were between Ms Te Kahika, Ms Underwood, Mr Underwood and the wider whānau, none of the objections raised by Ms Underwood in her document are a legal basis for any reasonably arguable defence to the summary judgment application”.
He said Te Kahika, as registered proprietor, was entitled to exclude all other persons from the land, and as administrator of the estate, with an obligation to complete the administration and distribution of the estate, she was entitled to the court’s assistance to complete those obligations and to obtain possession of the property.
“There are no legal grounds put forward by Ms Underwood which give rise to any reasonably arguable defence to the summary judgment application,” he said.
The Underwoods were ordered to deliver the property to Te Kahika “in a proper and orderly manner” by November 8.
They were also ordered to pay $AU12,958 ($NZ14,320) to Te Kahika, plus costs.
This article originally appeared on Stuff and has been reproduced with permission.
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