An adverse possession claim has been lodged over ‘Fontainebleau’, the former summer residence of prominent Australian artist Frederick McCubbin, located on Mount Macedon.
Long-time caretaker Trevor Hoare has applied for title to the property on Glover Road, after caring for the estate for about 18 years.
Adverse possession, sometimes called ‘squatter’s rights’, is a legal mechanism whereby a person who does not hold legal title to a property can acquire ownership if they occupy it continuously and openly without the permission of the legal owner.
The application has been challenged by the owners, and the matter is scheduled to be heard in the Supreme Court of Victoria on Thursday.
Mr Hoare’s claim follows a change in management by the property’s owners, who appointed Melina Goddard as property manager in October last year.
Ms Goddard, who is also general manager of Duneira Estate for the S.R. Stoneman Foundation, said the owners intended to restore the historic residence and establish a small, sustainable artists-in-residence program to improve community access.
“The house is in a terrible condition,” she said. “The aim is to repair it and restore it back to its original condition so that it’s safe for use again.”
The property is owned by a group of five people and is currently subject to a rectification order from Heritage Victoria due to its deteriorated state. Heritage Victoria and the local council have both inspected the site, and a condition report will be required as part of the restoration process.
According to Heritage Victoria, Fontainebleau was originally built in the late 19th century, likely in Melbourne, before being relocated to Mount Macedon. McCubbin purchased the property in 1901 as a family home, naming it after the Forest of Fontainebleau in France.
The artist, a key figure in the Heidelberg School, used the surrounding bushland as inspiration for a number of works, including The Pioneer (1904). Although the family returned to Melbourne in 1907, McCubbin continued to visit the property on weekends and holidays.
The land is zoned Rural Conservation Zone.
