Does anyone know how long before adverse possession applies? I am interested in a property whereby the obliging owner A has let the owner at the back of the property fence off half of A's backyard and have use of same for quite a number of years. RE agent states AP is 20 years. I am sure its not that long but would not like to buy the property at auction and then have a lengthy legal battle to regain half the block.
Adverse possession
- Thread starter fernfurn
- Start date
I think it's 12 years for normal property and 30 years if it's crown land (distant memory so no guarantees). There's other tests too. Like, you have to be able to prove you've had exclusive use and no one else has let you use/rent the land. The more deliberate your actions to exclude the owner, e.g. changing locks, putting up fences/gates with chains and what not, the better your chances of proving that you 'adversely' possessed the land, not that you just used it without asking. Bit twisted, huh?
Hi there
you can't have adverse possession against the Crown - needs to be freehold land - check with your solicitor or conveyancer as to the time limits and requirements
thanks
P.s looks like the owner is barred after 15 years from claiming but you do have to show 30 years of adverse possession in Victoria - still check with your solicitor
you can't have adverse possession against the Crown - needs to be freehold land - check with your solicitor or conveyancer as to the time limits and requirements
thanks
P.s looks like the owner is barred after 15 years from claiming but you do have to show 30 years of adverse possession in Victoria - still check with your solicitor
Last edited:
15 years it is - http://www.lawyersconveyancing.com.au/advposs.asp
You need to e careful as to how "the obliging owner" has allowed the neighbour to fence and use part of his property - in order to prove adverse possession you need to prove that the claimaint has occupied and used property in exclusion of the owner and inconsistent to the owner's right. There is a nuance in the difference between simply taking and using land to the owner allowing the claimant to use it.
You need to e careful as to how "the obliging owner" has allowed the neighbour to fence and use part of his property - in order to prove adverse possession you need to prove that the claimaint has occupied and used property in exclusion of the owner and inconsistent to the owner's right. There is a nuance in the difference between simply taking and using land to the owner allowing the claimant to use it.
Wouldn't it be better for the current owner to reclaim the portion of the property as the neighbour knows he is selling. If the neighbour makes a fuss then it's not your problem.
Much like vacant posession on a rental property.
regard
Much like vacant posession on a rental property.
regard
