If you own, or plan to own property, it’s a good idea to be across the basics of adverse possession in Victoria.
Knowing your rights can be vital to protecting your ownership. Understanding your rights can also help you consolidate your wealth and land use.
Below is our general explanation of how adverse possession works.
If you believe you qualify for a claim, we recommend speaking with a solicitor or Licensed land surveyors, like the team at Linear Land Surveying, to discuss the specifics of your claim.
It’s important to note that the below explanation relates to adverse possession in Victoria only.
What is adverse possession?
Adverse possession is a legal rule that allows individuals to claim land from the current owner through an application process (rather than paying for it).
That means, ownership over land and title can be obtained or lost via this process.
Before continuing, it is important to know that adverse possession claims cannot be made against land owned by the Crown, a council, or any public authority.
What qualifies an adverse possession claim?
In Victoria, land can be claimed by the mere act of possession over a period of either 15 or 30 years.
An individual applying for adverse claim must prove they have the following:
- Actual, open and exclusive use of the land for a continuous 15-year period.
- The land use has been unauthorised by the landowner for the 15-year period.
- The possession of land has not been done in secret or by force.
- The applicant must also show they had the intention to possess the land. This can be shown in several ways but is mostly proven by factors such as fencing of the land, payment of land rates, planting of vegetation or use of land for farming practices.
It is important to note that it is usually irrelevant whether the rightful owner is aware of the occupation or not.
Similarly, the land does not necessarily have to be adjacent to land owned by the person claiming adverse possession (although this is most often the case).
Finally, where the area claimed includes an easement, reserve or road, it is likely that evidence of 30 years of non-use will need to be provided if the title of the property is to issued free from the encumbrance.
Who can help with an adverse possession application?
An adverse claim can be complex, so we recommend engaging with the following professionals to help guide you through the process:
- A Licensed Land Surveyor: your land surveyor will conduct the survey and prepare the survey documentation that you will need to help demonstrate your adverse possession claim.
- Solicitor: there is a wide range of evidentiary documentation you will need to prepare to demonstrate your claim. A solicitor will be able to assist you to get these documents ready and lodge your application.
How can we help?
If you have need assistance with an adverse possession claim, give Sam and team at Linear Land Surveying, (Melbourne land surveyors) a call on 9873 8888, or email survey@linearlandsurveying.com.au for more information and help.
The information on this website is intended to be general in nature and is not personalised land development advice. It does not take into account your specific objectives, land development site or financial situation. Before acting on any information, you should consider the appropriateness of the information provided and seek more specific advice from the professional team at Linear Land Surveying.
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