Acquiring legal ownership based on continual ownership

An adverse possession claim can arise where the title boundaries of a property are different to the physical boundaries of the property.

This can often arise, for example, where a fence or another structure has not been erected within title boundaries and is often only discovered when a property is put up for sale.

In very specific circumstances, such a situation may entitle the possessor of the non-titled land to make an application to obtain ownership of that land via an application to the Registrar of Titles.  There are specific requirements for such an application, including that there has been continuous and uninterrupted possession for a period of fifteen (15) or more years, that you had an intent to possess the subject land and that the possession was open, not secret and not by consent of the true owner.

Understanding whether you have an adverse possession claim and making application to the Registrar of Titles can be a complex process, especially where such an application is contested. Whether an adverse possession claim is successful depends on the specific circumstances which can be proved in each individual case.

Where you find yourself having received notice of an application for adverse possession which will impact your property you need timely advice in order to assess your options and if required make your objection within the requisite time.

Our Property & Development team have extensive experience in advising clients on adverse possession applications. We understand that each application turns on its own unique circumstances and we tailor our advice with this in mind in order to meet your objectives.

Whether you are seeking to make an adverse possession claim or have received notice of an adverse possession claim which will impact your property, we can review your individual circumstances and provide you with advice on the likelihood of success of any claim.  Where you are making a claim we can also assist in the drafting, collating and lodgement of the documentation required by the Registrar of Titles to meet the strict requirements set down under the Transfer of Land Act 1958 (Vic).

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If your require any further information please contact our Property & Development team

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