Hi Everyone Just signed up and looking forward to chat property Has anyone done a adverse possession of land (I'm in WA if that makes any difference). I bought a house around a year and a half ago, within the boundaries of the fence is an additional 200 m2 that historically has always been like this but not on the title. Since the land is zoned R40 this could potentially be an additional unit on the site should it be developed. The previous owner had started a claim and done a fair bit of work but land gate informed me I would have to lodge a new application, seemed a little complex for the counter staff and also a couple of leagal people I have asked to look at it. Any experiences, advice or recommendations much appreciated Thanks
Adverse possession can be relatively straight forward if your application is not contested. Conversely a contested application can, on account of legal fees and the protracted nature of the same, put in peril the commercial advantage of the application. There might be a good reason why the previous owner elected not to continue with his/her application.
Hi Bonz Thanks for that. I'm taking all the information I have to a law firm next week to assess whether it's viable, I don't think I'll get contested as it would not affect any of the other surrounding properties. Have spoken to surrounding properties nobody seems objective but never know. I'll just have to see if the cost estimate is worth it for the strip land, worst case it just stays as it is as I can't see anyone else has a claim to it. I'll post any advancements for future reference in case someone else comes across this kind of issue.
Choosing a law firm that specialises in adverse possession is a major plus. I believe @SamK is a WA land surveyor and imagine there recommendation for a law firm would be gold.
Hi @lixas4 Thanks for that, I have a meeting with a law firm early next week if I don't feel they can deliver I'll definitely seek out a recommendation, might even need a survey if the one I have isn't recent enough.
Not looking good. My understanding is that you have to be the one possessing the land for a period of years. If you have just received title recently, you wont meet the test. My understanding anyway.
Hi Beelzebub Thanks for your input, I have come across stuff saying 12 years myself hopefully the solicitors can confirm or give me some options next week.
When you say the previous owner started the process did they do a survey? If so contact that surveyor, no point paying a surveyor to redo work. The surveyor might even tell you the lawyer who was handling the application for the previous owner (if they were up to that stage), would be interesting to talk to them to find out why they didnt go through with finalising the claim, as @Bonz suggested earlier. I'm a surveyor in melbourne and have been involved in a few, but the rules are different in each state so i wont give any specific advice.
Yes @lixas4 thanks for your comment Survey has been done I have this and all other information gathered, the previous owner was doing the work themselves. From what land gate said it lapsed or was rejected because no statutory declaration was provided and told me I cannot just pickup where they left it has to be a new application as myself applying.
How long has the fence been there? Have any of the neighbours had access to the land that is not on the title? Did the previous owner build the fence(s) and when? Did they try to acquire land by building fences outside of their title?
Hi @Owlet thanks for your reply on this post. The Fence looks like it has been there since the house was built (70s sometime)or possibly before as fencing for the neighbors houses that look older,With mature growth of hedging and so on over in the neighbors side. No neighbors would have had access it's all fenced off as a boundary to my property.
On the surface it looks like the previous owners may have had a case. They may have had sole possession of that land for 10 continuous years. Did the neighbours contest his application? On the flipside When you purchased the property were you expecting to pay for house and land as per the title in the contract? Did you do your own survey prior to purchase? Were you aware at the time of purchase that you were buying the land on your title plus an extra 200sqm that the selling owner did not legally own?
No from the documentation I have I can't see any objections to the application. I was aware of the situation of the land when purchasing and paid what I felt was fair for the property at the time of sale, just thought if the land can be put on the title would just be a bonus.
When you have reviewed the DP for the subdivision and searched the adjoining titles, is there anything to indicate that this land was a remnant? Leased to the current fencing? Etc?
Did the former owners actually lodge the application or did they just do a lot of legwork in preparation to lodge? It could be possible that they haven't objected because they have not been informed. They may not realise that you are occupying land that is on their title and not yours. They may have assumed that the 800sqm they purchased is the area within their fences. The former owners may have had a case due to the period they had possession of that land. I don't think you have had possession long enough to have a case. Is there an easement on that side and hence the fence could not be put in the correct position? I can't answer the moral question for you nor am I making judgement but how do you feel about going through the process of taking land that legally (until your A.V. claim is awarded) belongs to someone else. If their car was parked on your front lawn - does that entitle you to claim it and register it?
We have a 100 year lease on land that adjoins ours. We probably need to fence it accurately becasue I suspect the unmade road is creeping onto said land every time Council grade it.
