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 \u201csitting on his rights\u201d. 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<\/span> will be required. Contact and involve the best one for your case.<\/span><\/p>\n
Adverse possession: a little detailed info<\/b><\/p>\n
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\u2019s favour if it is left without any attention for a specific period of time.\u00a0<\/span><\/p>\n
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 <\/span>adverse possession lawyers<\/span><\/a> in hand.<\/span><\/p>\n
The requirements to claim adverse possession<\/b><\/p>\n
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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.<\/span><\/p>\n
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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.\u00a0<\/span><\/p>