How to Obtain Adverse Possession in Australia
Know your own State's legislation., Look for the length of time required., Be aware that if the claim is against the Crown (government), that such a claim can be made only in New South Wales and Tasmania, and both require a 30 year limitation period...
Step-by-Step Guide
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Step 1: Know your own State's legislation.
The ability and length of time required to be able to obtain adverse possession of another person's land varies from State to State. -
Step 2: Look for the length of time required.
Where it is possible to obtain land by adverse possession, there are time requirements (limitation periods) involved:
Victoria, 15 yearsSouth Australia, 15 yearsNew South Wales, 12 yearsWestern Australia, 12 yearsTasmania, 12 yearsQueensland, 12 years, There are also additional conditions in place, so you must seek legal advice.
The reason for higher hurdles for claims against the Crown reflects the reality that it is harder for government to keep an eye on its lands and it is assumed that the government continues to hold possession for the public good despite any apparent neglect or lack of noticing squatters. , Adverse possession means not mere occupation but also actual physical possession in an open and peaceful manner, without consent of the original owner.
You will need to be able to prove to the Titles Office in your State that you have occupied the land for the entire period of time required.
If you have any form of permission (such as a licence, lease, or agreement to use the land), you won't be able to claim adverse possession because it will be clear that the owner never intended to pass over ownership.
Some signals of an intent to take adverse possession include:
Erecting signs requesting people to keep out, that the land is private, or enclosing the property securely, in an open manner without challenge; Payment of rates and taxes. , This isn't an easy process and few people will gain land through this method.
For starters, your lawyer will need to determine the point at which the limitation period commenced (such as when the previous owner vacated the land and didn't return).
This is not necessarily a straightforward determination.
Your lawyer will advise you of the documentation and evidence that you will need to gather to build your case.
If you are disputing fence lines, get advice from a registered surveyor. -
Step 3: Be aware that if the claim is against the Crown (government)
-
Step 4: that such a claim can be made only in New South Wales and Tasmania
-
Step 5: and both require a 30 year limitation period to pass first.
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Step 6: Have evidence of occupation and possession.
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Step 7: Seek advice from a property lawyer.
Detailed Guide
The ability and length of time required to be able to obtain adverse possession of another person's land varies from State to State.
Where it is possible to obtain land by adverse possession, there are time requirements (limitation periods) involved:
Victoria, 15 yearsSouth Australia, 15 yearsNew South Wales, 12 yearsWestern Australia, 12 yearsTasmania, 12 yearsQueensland, 12 years, There are also additional conditions in place, so you must seek legal advice.
The reason for higher hurdles for claims against the Crown reflects the reality that it is harder for government to keep an eye on its lands and it is assumed that the government continues to hold possession for the public good despite any apparent neglect or lack of noticing squatters. , Adverse possession means not mere occupation but also actual physical possession in an open and peaceful manner, without consent of the original owner.
You will need to be able to prove to the Titles Office in your State that you have occupied the land for the entire period of time required.
If you have any form of permission (such as a licence, lease, or agreement to use the land), you won't be able to claim adverse possession because it will be clear that the owner never intended to pass over ownership.
Some signals of an intent to take adverse possession include:
Erecting signs requesting people to keep out, that the land is private, or enclosing the property securely, in an open manner without challenge; Payment of rates and taxes. , This isn't an easy process and few people will gain land through this method.
For starters, your lawyer will need to determine the point at which the limitation period commenced (such as when the previous owner vacated the land and didn't return).
This is not necessarily a straightforward determination.
Your lawyer will advise you of the documentation and evidence that you will need to gather to build your case.
If you are disputing fence lines, get advice from a registered surveyor.
About the Author
Doris Richardson
Writer and educator with a focus on practical lifestyle knowledge.
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