Often viewed as one of the most secure forms of property rights is land ownership. However, there are some conditions in which a person other than the owner can claim to own the land without acquisition. This legal concept, referred to as adverse possession, has attracted many controversies in Australia.
As a property owner, you need to know how adverse possession works in order to secure legal coverage against the associated risks and seek the advice of the adverse possession lawyers Perth when needed.
Adverse possession is a mechanism under the law that permits an individual who does not legally own a property to establish ownership in the land where the person has gained unlawful possession of the property by residing on the land as the owner. The principles are similar in Australia, where title to land can be acquired through adverse possession, though there are differences between the state rules.
To take an example, a neighbour might mistakenly build a fence intruding on your property and use that bit of land over the decades and may be able to claim that property through adverse possession.
The duration of continuous occupation necessary varies by jurisdiction. In Western Australia, the time period is generally 12 years of continuous possession. In this time, the occupier must possess, occupy, and use the land as though they were the actual owner, keeping it up, fencing it, or otherwise exercising sole control.
If these are fulfilled, the occupier can apply to be registered as the new landowner. This results in the legal title actually being transferred from the original owner, even though they never agreed to sell.
Not all cases of adverse possession will hold. For there to be adverse possession, some conditions have to be satisfied:
1. Exclusive possession: The occupier should have exclusive possession of the land, excluding both the owner and the public.
2. Open and obvious use: Possession should be open and apparent, not concealed or secret.
3. Without consent: If permission was given by the owner (for example, by a lease or licence), the claim will not succeed.
4. Continuous occupation: The possession must be continuous for the necessary statutory period.
It is here that Property Settlement Lawyers Perth frequently help landowners and claimants assess whether the facts of a case satisfy these stringent tests.
Government land or crown land cannot be claimed through adverse possession in most cases. This limitation is done in order to ensure that there is no abuse of property belonging to public assets. But the owners of the privately owned land are more susceptible, particularly those who are not familiar with the infiltrations or do not act when disputes occur.
To the property owners, the highest risk is losing some of their property without compensation. Occupancy by neighbours or people who have abandoned their unused or unchecked plots, or those who have forgotten to cross-check property boundaries, can leave ways that others can also stake a claim on.
This is especially the case with rural properties, which have vast lands that may not be checked regularly by their owners. Equally, undeveloped vacant lots which have been unoccupied for several years may face adverse possession claims.
Luckily, landowners can take preventive measures to prevent the loss of land by adverse possession:
Adverse possession problems usually arise in property settlements, particularly in the division of assets in family law or estate cases. When a party claims ownership over land by long occupation, it becomes problematic in the process of settlement. That is why using Property Settlement Lawyers Perth is essential because they can assist in confirming titles, settling encroachment disputes, and ensuring that dividing land is lawful.
Adverse possession is a complex property law issue that may have a significant implication on land owners in Australia. Although this might appear unjust, it contributes to settling questions related to abandoned land. It is the responsibility of property owners to be aware of boundaries, take prompt action when encroachments are made and resort to the courts in the event of disputes.
It is important to consult adverse possession lawyers Perth in order to strengthen the stand regarding land management and challenges when there are claims of adverse possession or settlements of property.