How to Make an Adverse Possession Claim in Australia?

November 1, 2023    propertysettlementlawyersperthwa
How to Make an Adverse Possession Claim in Australia?

Do you have an adverse possession claim and are looking for potent lawyers who can help you with the legal matters? Are you having numerous queries on the legal procedure and need the expertise of skilled commercial property lawyers Perth? No need to look any further. This blog is a comprehensive guide that will explore the various aspects of adverse possession and claims.

What is Adverse Possession?

Adverse Possession is a legal principle that says that if someone is using a piece of land or a house, or any property for the matter, for a considerably long period of time, then they can have possession of the same without having to pay any money for it. Although there must be enough evidence of the usage that is adequate, people must be there who would have seen them using our inhabiting a particular property for a considerable amount of time. However, it’s not all that simple, and it can be pretty complicated in certain cases. Also, it changes depending on the geographical location.

So, anyone who thinks they have a good claim regarding adverse possession must consult an expert lawyer first. These lawyers can help in understanding the legal nuances and in bringing the case to your favor.

The Role of Expert Lawyers

You will definitely need some experienced defence lawyers on your team before you decide to make an Adverse Possession claim. It is important to have sound legal guidance as these cases tend to get very tricky as so many rules and legalities are involved.

So, with the help of the best adverse possession lawyers Perth, you can get a competitive advantage. The lawyers have a thorough understanding of the property laws in the area, and that is why they can guide you in the best way to swing the tides in your favor. They will help you in the most effective way in collecting necessary evidence, meeting the required legal standards, and speaking correctly for your fights in front of the judge.

Initiating an Adverse Possession Claim

As mentioned earlier, it is absolutely necessary to consult with the best adverse possession lawyers in Perth before proceeding with the adverse possession claim. Once you have proper legal counsel, it becomes a fairly simple process to initiate a claim. Below is a breakdown of the process and the essential measures that must be taken care of-

1. Proper Research

While beginning the claim process, the first step involves a thorough discussion with your lawyer. Here, you must properly evaluate every single detail regarding your case and see to what extent your claim stands valid. Based on that, the lawyer will decide on the way that must be followed.

2. Legal Requirements

To have a successful adverse possession claim, you will have to meet particular legal requirements. One such condition can require you to show proof that you have been using or staying on the property you have raised a claim. Failing to bring the proof can cause the court to rule the judgment against you. The time period for which the period needs to be shown varies from around 12 to 15 years.

3. Notification

Then comes a very significant step, which involves notifying the owner of the property regarding the claim. Here, you will need the help and expertise of experienced commercial property lawyers who will be able to help you in the process of drafting and sending the necessary notices to the owner of the property. The owner can dispute your claim and might be ready to negotiate a settlement.

4. Waiting Period

Now, once you have informed the owner regarding your claim, all you need to do is be patient and wait. In this period of time, you mostly wait for a response from the owner regarding what he wants to do about the claim. In case they try to stop you from claiming the property, the best adverse possession lawyers in Perth can handle that for you. They will ensure you can keep using the property without any trouble and interruptions. Also, they will keep you updated about all the legal rules that you will need to stick by.

5. The Court Process

In the event of the owner challenging your claim or in case they don’t provide a response to your notice within the given time, your case will be moved to court. This is where your lawyer will advocate on behalf of you, providing all the necessary evidence to the court. With the expertise of a sharp legal mind, your chances of getting a favourable verdict will be increased greatly.

The Importance of Legal Expertise

The importance of experienced property lawyers in adverse possession claims is truly immense. Below are the reasons why it is necessary to consult the best property settlement lawyers in Perth:

1. Proficiency

Lawyers who have enough experience know all the necessary information regarding priority laws and rules. They are familiar with all the tricks and challenges that come with adverse possession claims. That is why they understand what must be done to handle your case in the correct way from the very beginning.

2. Evidence Collection

The best adverse possession lawyers in Perth have the experience to understand which evidence is required to help you win the case. They will guide you on the required documentation which can include property records and necessary photographs. With the help of these, they can construct a strong case.

3. Proper Representation

Once your case is taken to court your lawyer will make sure that you get represented in the most efficient way regarding your adverse possession claim. Proper representation will help you win the case.


The legal matters related to an adverse possession claim can be very tricky. Apart from being challenging, such claims can become time-consuming too. It is truly important to have the most efficient adverse possession lawyers in Australia guide you through the entire process of your adverse possession claim and emerge successful.

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