Adverse_Possession
Adverse Possession
Adverse possession is the term applied when a stranger, without the knowledge or against the wishes of the true owner, occupies land for a long period of time and, as a result of that occupation, becomes the new owner of that land.
In Victoria the length of time required to substantiate an adverse possession claim is generally 15 years (the “limitation period”).
The rules surrounding successful claims of adverse possession are complicated and nuanced. Importantly, the land must be occupied “adversely” to the true owner’s wishes and, for the most part, must be occupied continuously for the entire limitation period. For example, the tenant in a 20 year lease, despite having occupied the land for longer than the limitation period, does not qualify as an adverse possessor since they have not occupied the land adversely to the owner’s interests. A tenant occupies land with the consent of the landlord/owner.
Similarly, a camper who returns to the same campsite for 20 summers in a row, is not entitled to claim adverse possession because their occupation was broken by long absences in between each summer (also, adverse possession generally only applies to privately held land, not State owned land).
Curiously, the occupation does not need to be by the same person. If a trespasser is the last in a line of trespassers who collectively satisfy the limitation period - and there are no periods of vacancy – that final trespasser may claim adverse possession even if she had only been in occupation for a short period of time.
Adverse possession claims over entire blocks of land are fairly rare (although they are not unheard of) but they are reasonably common in regard to boundary and fencing disputes.
If you believe you have a claim of adverse possession or if someone is making this claim against you, please feel free to contact hopelawyers on (03) 8601 1109 or phone James Hope directly on 0419 711 444 to arrange a confidential discussion.
Whilst we have made every effort to provide accurate information as at the time of publication, the comments above are intended only as a general overview. If you have a matter relating to the content of this page or website, you should seek specific legal advice relevant to your circumstances.