Adverse possessions

Claiming ownership of land beyond your title boundaries.

Simplifying adverse possession

When you have been in use of some land that is not yours for a certain amount of time, you may have a claim for ownership.
This is often a complex procedure requiring research, evidence and procedure to claim the land without the owner’s permission, or sometimes not knowing who the owner is – hence the adverse!

How we help

We hear your story

  • Every land and claim is different. Tell us all about your situation – how you came to use this land, what you have been using it for, how often and for how long.
  • Based on your State’s requirements, we can determine whether you are likely to have a claim to that land. Please note that no adverse possessions are currently permitted in the ACT or Northern Territory.

We lodge your claim

  • We talk with land surveyors, who will give us supporting documents detailing the original boundaries of the land and outline the area you seek to claim.
  • We also conduct research on who owns the land, what it was originally used for, and whether there are any charges or encumbrances on the land.
  • We gather those documents, put them together to create your application, and lodge it with the Registry Office. Then it’s up to them to determine if your claim is successful.
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What sets us apart?

01

Transparent fees

No surprises! All costs will be clear to you from day one. You will always know how much our fees are beforehand.

02

The human touch

Be taken care of by your own personal lawyer (yes, and actual person!) with your own dedicated support crew. We’ll ensure you have a smooth and stress-free process.

03

Highly experienced

What you need is a conveyancing lawyer who has seen it all. If anything goes wrong (touch wood), we know exactly how to fix it. Since 2011, we have overseen thousands of successful transactions.

04

Proactive advisor

Having seen thousands of property transactions, we’ve seen our fair share of mistakes, and can guide you past them safely before they even become an issue.

Frequently asked questions

This varies from State to State – in Victoria, you need to prove uninterrupted and exclusive possession for at least 15 years. ‘Uninterrupted’ means 15 years in a row, not accumulatively. ‘Exclusive’ means you alone have used the land, and it is not shared with the public. This is typically shown by fencing off the land, paying the rates for the land or by other means to ensure exclusive use.
‘Adverse’ means that the land does not belong to you and you have possessed it without authorisation, and without the legal owner objecting to your possession. A key element is that while the legal owner did not object to your possession, they did not permit it either. This means rental or leasing situations are not ‘adverse’ possessions.
Typical land that is claimed include carriageways, private land, farm land etc. There are also certain types of land which cannot be claimed, such as common property (areas shared by multiple people), council land (such as a nature strip), Crown land and rail tracks.
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