Trevor Hoare, a resident of regional Victoria, has initiated a claim for adverse possession of the former residence of renowned Australian painter Frederick McCubbin. The great-granddaughter of McCubbin has expressed that the family’s heritage is still alive through the essence of the property.
This adverse possession case is currently under consideration by the Supreme Court of Victoria. Nestled on the scenic slopes of Mount Macedon, the area is characterized by tranquility, occasionally interrupted by the sounds of birds and aircraft overhead. McCubbin, an illustrious impressionist, resided in this charming home, known as Fontainebleau, over a century ago.
The expansive two-story residence is enveloped by a verdant garden and a thick canopy of trees. Mr. Hoare has opened the doors of this historic site to the media as he seeks to assert his claim. Having lived in Fontainebleau for 20 years, he now finds himself preparing for the possibility of leaving, with his belongings packed at the entrance.
Upon entering, the dimly lit rooms reveal signs of age, with peeling paint on the ceilings and indications of water damage. Outside, narrow garden pathways lead to tranquil spots where Mr. Hoare has hosted gatherings with friends and family. However, the property’s maintenance has declined recently, primarily due to Mr. Hoare’s deteriorating health. This decline has motivated him to file for adverse possession, allowing him to bring in necessary repairs.
“I believe it rightfully belongs to Australia. It possesses a unique charm that should be preserved,” he stated. Mr. Hoare reminisced about moving to Fontainebleau approximately 23 years ago, prompted by an invitation from Mark Cutler, one of the property’s five joint owners. He clarified that he was not appointed as a caretaker, but rather, he took residence in the vacant, overgrown house out of affection for it.
“I’ve done my best to maintain it, but I can no longer keep it up due to my health,” Mr. Hoare explained. The ownership dispute over Fontainebleau has reached the Supreme Court, involving Mr. Hoare and Paul Cutler, Mark’s brother and another co-owner. Although there were claims regarding the property’s dilapidated condition presented in court recently, Mr. Hoare contended that the house is not on the verge of collapse. He noted, “My main challenge was that I couldn’t sign anything to access available grants for repairs.”
Mr. Hoare mentioned that the roof had structural problems since his arrival, forcing him to collect rainwater in bins. “Once I secure possession, I will seek out the right individuals or organizations, perhaps a group of philanthropists or an art gallery, to restore it,” he added, acknowledging the substantial costs involved in such a project.
Paul Cutler, who is contesting Mr. Hoare’s claim, opted not to provide an interview due to the ongoing legal proceedings but confirmed that Fontainebleau has been under the stewardship of the Southern Cross Foundation since 1979. He emphasized the foundation’s commitment to preserving the property in alignment with its non-profit, educational, and cultural mission, as well as adhering to its heritage listing and legal responsibilities.
Margot Edwards, McCubbin’s great-granddaughter, has visited Fontainebleau and met Mr. Hoare multiple times since 2004. She refrained from passing judgment on the rightful custodian of the property, noting that she has no personal connection to its owners. Historical records indicate that after Frederick McCubbin’s death, his wife Annie expanded the home with a guest house before the family eventually returned to Melbourne.
“The essence of Fred and Annie’s legacy resides in the spirit of the location and the natural surroundings,” Ms. Edwards remarked. She expressed confidence in Mr. Hoare’s dedication to the property and his efforts to care for it with limited resources. “During one of my visits, he was thrilled to show us paths he had uncovered from the overgrowth,” she recalled, while on another occasion, he expressed concern about the deteriorating roof and the impact of severe winter weather.
Fontainebleau and its surrounding landscape were the inspiration for some of McCubbin’s most iconic works, including “The Pioneer.” The property has been recognized on the Victorian Heritage Register since 2010. Recently, representatives from the Macedon Ranges Shire Council visited to evaluate the property’s livability but took no further action.
The legal proceedings regarding the adverse possession claim are scheduled to resume in August. Mr. Hoare remarked, “Fontainebleau is an invaluable national treasure. Regardless of the outcome, whether I retain it or the other parties prevail, I am pleased that it will be preserved. It requires thoughtful consideration regarding its future.”
