Solve your land problems with an Adverse Possession lawyer

Adverse possession is a legal policy in which an individual can claim the property rights to land owned by another. Although it may sound like giving the trespasser the prize for his unlawful deed, the existing law of the land stipulates it to ensure the fair use of land and to reprimand the owner who had been “sitting on his rights”. There are multiple conditions and rules to abide by before you can file for adverse possession and claim the lawful title. Therefore, the help and counsel of proficient WA Property lawyers will be required. Contact and involve the best one for your case.

Adverse possession: a little detailed info

In general, when you have bought and registered land in your name, it becomes your property. The usual action would be to put a fence, build a house, or if you are thinking of farming, then cultivating the land and putting it in agricultural use. However, in Australia, you just cannot leave the land for an indefinite time. In case of adverse possession claims, the state may rule in the claimant’s favour if it is left without any attention for a specific period of time. 

However, the land would have to be developed by the claimant, and proof must be presented that shows that the property has been improved and the taxes paid, for some states. The time of possession may differ from state to state. Incidentally, the government-owned property cannot be put under claim in this method. In addition, this law will not apply if the claimant paid rent or had any agreement with the original owner, which would indicate that the owner never intended to pass ownership. In all other situations, it is better to have the help of adverse possession lawyers in hand.

The requirements to claim adverse possession

The requirements and the condition for the different states of Australia vary. Some require the payment of taxes, while for others the mere possession is enough. The state laws also govern the change of ownership. It would be worthwhile to refer to the law book of that particular state. However, the basic requirements are similar to all the states and can be listed as;

• Open and notorious possession

The land must be possessed in an open and notorious fashion. This statement means that you cannot take possession of the land in secret, or remain in hiding from the adjacent property owners. There has to be knowledge of your presence among the neighbour folks. The best way to ensure that is to make visible changes to the property and keeping evidence of the additions. Photographs and testimony from the people living there will help in your case to prove your claim of possession. The original owners, however, need not be made aware of the possession in their lands.

• Exclusive control 

The land in question must be in the exclusive ownership of the claimant. That means, that you cannot share the land with any other individual or company; especially with the original owners. Even sharing with a public body will nullify your claim. 

• Hostile entrance

The possession of the lands must be aggressive and averse to the interest of the actual owner. The owner must not be put into a contract or provide permission to use the property, as it is not considered as a hostile possession. The landowner, by law, need not be made aware of the encroachment to his property as long as the possession remains unfavourable to the owner’s interest. If your boundary fence crosses the property line and encroaches the neighbours land, and the neighbour doesn’t notice it; legally, you can claim ownership of the land after the necessary constitutional period. 

• Statutory Period

Exclusive possession of the property will have to be continuous for the state-determined legal period. In Australia, this time can range from three years to twenty years, depending upon the state and its legislature. The limitation periods of some of the states are given below;

• Victoria: 15 years
• New South Wales: 12 years
• Western Australia: 12 years
• South Australia: 15 years
• Tasmania: 12 years
• Queensland: 12 years

In many jurisdictions, the current possessor can add the period of a previous possessor as long as there is no gap between the two. However, there are some conditions in which the statutory period will not start being considered, which is listed below;

1. The landowner is an infant or below the legal age of adulthood.
2. The landowner is declared clinically insane.
3. The landowner is under incarceration, which means arrested and placed in a prison or under house arrest, not necessarily in the same property. 

However, if the owner suffers from condition number 2 and 3 during the statutory period, then it would be counted and considered as an uninterrupted occupation. 

The exceptions

It may seem that any property left unattended is a potential target. That is not the case for every property, especially government-owned or “crown” property. In every state, excepting New South Wales and Tasmania, the crown property is exempted from the legal bindings of the adverse possession law. Moreover, even in those two states, the statutory period is 30 years and requires the fulfilment of several other regulations. The reason for these extra hurdles is the concept that the government will use its land for public services and therefore instances of any superficial neglect or presence of unlawful tenants will not apply. 

Choosing the best lawyer

As mentioned before, adverse possession lawsuits are complex cases and should be filed only if the participation of the Best Property Lawyer is assured. Moreover, the true owner can also fight for his or her rights in the court of law. Whoever may be prosecution or the defendant, all statements and proceedings should be backed by concrete proofs. In some cases, having a talk with the encroachers and reaching some sort of out-of-court settlement may prove to be less costly. The decision of approaching the court will be dependent on the property and the effective laws.