Adverse possession

[Francoise]

Hi all

Does anyone know where I can find something in plain english about the laws relating to adverse possession in Australia? I have tried searching the 'net but there are only legal cases out there which are complex. I am looking for something that maybe the department of land admin (or similar) departments produce.

Thanks
Francoise

 

[asy]

hiya Francoise...

I don't know where there is anything in english, other than the adverse posession act .. hehe

What is the question, and I will try to answer, if I can

asy

 

[Savanna100]

The basics

Adverse possession occurs when you have possession of a property you don't own and have had this possesion continuously for 12 years (NSW) or 15 years (Vic) (don't know about other states)

You must have paid all outgoings, rates etc and maintain the property as if you were the owner and, most importantly, must have had this possession without the knowledge of the true owner. Only then can you begin to make the case for adverse possession.

Uusually it is a contested matter and you need to be awarded possession by a court.
Check out the Real Property Act 1900 (NSW) for a better explanation.

My grandparents tried to mount a case for adverse possession in Victoria many years ago and fulfilled all the criteria except that they had been in possession less than 20 years (as the rule in Victoria then required. If they were running the argument today, they would have been likely to win.

However, generally, I am assuming that fulfilling the criteria for AP is pretty difficult, why do you ask (just curious)?

Savanna

 

[XBenX]

hehe I can see the light bulbs from here

all the scamsters and free land ....

 

[Savanna100]

XbenX, it is a very difficult arguement to run !

How many proerty-owners are going to forget that they own a property, not pay anything (rates) on it and not go near it for 12 years????

only a loony (or a deceased person who had heirs and successors who had no idea that they owned the property)

Feel free to put any other scenarios in which you think someone could get hold of a property without the owners knowledge or consent for 12 years as this is the main test for adverse possession.

Some excerpts from one of my law textbooks:

A successful claim by an adverse possessor extinguishes the rights of the tru owner. There must be a continous and uninteruppted period of adverse possession for the whole of the limitation period (12 yrs in the case of NSW) in order for the doctrine of adverse possession to have effect.

The doctrine is quite detailed but is really fascinating and worth the read. Interstingly, a second adverse possessor can displace the first AP and tack the first one's period of time onto his !!! trust me, its an amazingly bizarre area of law.

Also, check out the Real Property (Possessary titles) amendment Act 1979 NSW which also has info on it.


Savanna

 

[Jamie]

Originally posted by Savanna100
XbenX, it is a very difficult arguement to run !

The doctrine is quite detailed but is really fascinating and worth the read. Interstingly, a second adverse possessor can displace the first AP and tack the first one's period of time onto his !!! trust me, its an amazingly bizarre area of law.

Savanna

There you go Ben

Find someone who's been squatting at The Rocks for 11 and a half years, bump them off, then move in for the last 6 months.

BINGO! Development site on the Harbour.

Jamie

 

[XBenX]

im in !

savanna - dont take me too seriously

 

[Savanna100]

XbenX, I know....it is a fun thought though........




Savanna

 

[cathyb]

Is this what the twins on ACA tonight had on their property?

did anyone see it? They were classic.

Best laugh I've had in a while?

hehehe

Cathy

hehehehe

 

[bundy1964]

Hi

There was a recent story on the Gov wanting a block of land......traced ownership back 100 odd years and the advertised for the owner or his heirs to come forward. If the payout is cashflow + ( after outstanding rates ) I would be tempted to put my hand up lol. I do think there would be a large bill atached to the takeover unless the local council failed to bill the property......2nd thoughts sounds like the council didn't send out bills or they would of sold the place long ago to claim there money

bundy

 

[geoffw]

Originally posted by cathyb
Is this what the twins on ACA tonight had on their property?

did anyone see it? They were classic.

Best laugh I've had in a while?

I saw it Cathy.

"The fence disappeared. 'Mysteriously' "- they said as they completed each others' sentences.

And they expect to win the case against the person who claims they removed the fence themselves.