Recent content by wandillup

  1. W

    adverse possession

    Hi all An update for those interested in the topic of adverse possession. The circumstances surrounding this case have been outlined in previous posts above. After doing a considerable amount of research and preparation we decided to mount a case for adverse possession of the area of...
  2. W

    adverse possession

    I think the process can get messy and protracted if you don't do enough research.the procedure over here is once you have collated your required evidence you then lodge an application with landgate which then triggers a notification period in which the registered owner has time to lodge a caveat...
  3. W

    adverse possession

    The requirements to prove possessory title are many,including how long the occupant has been in possession,whether the occupation has been continuous and exclusive.how the land was used,improvements made and a few other factors. In our case the issue of who paid the rates is not that critical...
  4. W

    adverse possession

    Vaughan you 100% correct in surmising of the situation.the area in question is approximately 500m long by 80m wide at its widest point in a elongated diamond and as you suggested was too narrow to plant trees on.Malcolm Parks thesis in think tries to explore the use of adverse possession as tool...
  5. W

    adverse possession

    Just a further point to note on the issue of adverse possession in WA claims are submitted to Landgate for consideration.I guess previous cases have ended up in the courts because one party didnt like the umpires decision. We intend to pursue the issue which involves many declarations and...
  6. W

    adverse possession

    Thanks all for your responses and advice.In answer to Starter the neighbour approached us some time ago saying he didnt want the parcel of land just financial compensation for it.he was told in fairly clear language that was not an option for us.He has since had the area surveyed with a view to...
  7. W

    adverse possession

    Hi all My question relates to part parcel adverse possession. Here are the circumstances surrounding the dispute. We have lived continuously on a 48 Ha property in rural WA since 1985.We have been sole proprietors since 1997 prior to that my parents were also on the title. The block has a...
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