Have you ever heard of someone acquiring legal ownership of property simply by inhabitation? Sounds like something that only happens in the movies. But it happens in Australia because of a law called the adverse possession claim. Commonly referred to as “squatters’ rights,” adverse possession gives the occupier who has possessed land for a specific duration a legal title, and that too without the owner’s permission.
It is a loophole, but controlled in the right way, and according to Australian legislation’s demands, it is an acceptable way of gaining property.
In this article, we’ll break down the process step-by-step, clarify the legal criteria, and explain how adverse possession lawyers in Perth can help. Whether you’re lodging an adverse possession claim or defending against one, it’s vital to understand how the law works in your favour or against you.
The foundation for any adverse possession is continuous, exclusive, and actual possession of land for not less than 12 years in WA. This entails:
Occasional mere walking on land or putting things there may not be enough. Courts will look for clear signs that you were in possession of the land in an as-if-it-were-yours capacity.
Adverse possession must be without the owner’s permission. If you were allowed (e.g. as a tenant, caretaker, or under lease), your possession isn’t adverse.
This is where:
Do not forget: intention matters. You must intend to be the owner of the land and not merely use it loosely.
A successful claim in adverse possession is largely dependent on good documentary and physical evidence. The burden falls squarely on the claimant’s shoulders.
Good evidence includes:
It is extremely advisable to take advice from adverse possession lawyers in Perth at this juncture so that your evidence is comprehensive and compelling.
You will have to know who the land is titled to. This involves searching the land title through Landgate (Western Australia). The title will determine:
This is important because adverse possession will not take place on government land or Crown land, and there are restrictions if the land is being financed.
To legalise the boundaries of the land in question, a licenced surveyor should be employed to make a survey plan. This plan will indicate the extent of land in your control and compare it with registered boundaries.
Survey evidence usually becomes a key part of proving sole possession. If your work spans a fence line or encompasses some unregistered land, the survey will also determine the extent of the claim.
In WA, you must apply with Landgate to register your title over the land by way of adverse possession. You must include:
It is a formal and sensitive process—adverse possession experts who have handled such cases before can assist in preparing the application to reduce the risk of rejection or challenge.
Landgate will notify the registered owner (and any person interested, such as mortgagees) of your application. They will be given a chance to object to your claim. If there is an objection, the matter may be referred to the Supreme Court of Western Australia for determination.
This is important. If you are able to prove that you did not depart the property or that your possession was not exclusive, you forfeit your right. A good case law point here is essential.
If there is no objection, or you are successful in court, Landgate can accept the application and alter the land register to reflect your ownership.
You will then receive a new Certificate of Title, lawfully recognising you as the titled owner of the land. You can thereafter lease, sell, or transfer the land like any other titleholder of the land from now onwards.
Adverse possession may seem like an odd relic from textbooks, but it is actually a crucial part of Australian property law. With the right documentation, properly documented tenure history, and expert guidance from property settlement lawyers, it is perfectly possible to acquire and claim previously unavailable property legally.
If you believe you have a strong claim or must have one, do not hesitate. Engage experienced adverse possession lawyers in Perth to be your advocate every step of the way.