Farmer's bitter stand-off with man refusing to leave his property
By Sacha Passi
5:07pm Sep 5, 2018
A struggling cattle farmer has been left in limbo with a man refusing to move on from his property, after a kind gesture backfired.
The stand-off could cost Neil Powell the sale of the land when he needs it most, as drought conditions continue to take a toll on our farmers.
"Not everyday you get locked out of your own property is it? But this is what's happened," Mr Powell said.
Neil Powell says he is in a stand-off with a man who refuses to move off his land. (A Current Affair)
He says he's been locked out of a section of his property west of Brisbane by Craig Thorne, a man he wanted to help following the 2011 floods.
"Craig done a favour for a friend of ours in the flood and apparently his place got washed away where he was and he asked if he could come and stay at our place for a while," Mr Powell told A Current Affair.
First he lived in a caravan on the 400-hectare property. Then he built a small shack. Mr Thorne has been living rent-free for nearly six years.
The Powells allowed Craig Thorne to live on a part of their land after he lost his home in the 2011 floods, Mr Powell says. (A Current Affair)
Mr Powell's wife had her reservations, but goodwill won in the end.
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"I told Neil that I did not want him in the property but he told Neil he's good, he's okay, he's going to watch the place," Connie Powell said.
The shack has expanded into a series of lean-to's with solar panels providing electricity to this rural block.
Mr Thorne has been living rent-free on the property for nearly six years. (A Current Affair)
He's also brought in cars, vans, tractors and a boat.
Mr Powell says the arrangement was a verbal agreement, with the understanding that with six months notice the guest would move on.
"He's never paid any rent. I said, 'You can stay there for a while and we'll just see how things go', but I said, 'If we ever want you to go, you've got to go but there's no rent, no bond, nothing involved at all'," Mr Powell said.
Mr Powell claims Mr Thorne has locked him out of part of his own land. (A Current Affair)
Last October they gave him six months notice because they need to sell this portion of land for some much-needed funds.
They've since given Mr Thorne two written notices to leave but he's still not budging.
The Powells are now forced to take their case to the Queensland Civil Administration Tribunal to proceed with eviction.
Neil and Connie Powell have given Mr Thorne several notices to move out. (A Current Affair)
"It's just ridiculous, like why should we have to do it? Like the police should go and remove him as far as I'm concerned, 'cause its trespassing. It's just a joke," Mr Powell said.
Despite having no tenancy agreement and paying no rent, Mr Thorne says he will leave it up to the Tribunal to decide.
"It's under civil dispute. It's not up to me to discuss it you know," he said, when approached by A Current Affair.
The Powells are hoping to sell the land for some much-needed funds. (A Current Affair)
But without any formal paperwork, Lawyer Bill Potts says Mr Thorne's rights are limited.
He says it's considered a "tenancy at will" when a person lives somewhere without a lease, but they can be revoked at any time by either party.
"The only right that he can argue is that he was given some lifelong promise. And that's perhaps not worth the paper it's not printed on," Mr Potts said.
Mr Powell has a buyer waiting to purchase the property providing there's no else living on it.
One contract of sale already lapsed.
The case is due to go before QCAT this month.