Solving Problems With An Adverse Possession Survey

December 28, 2023    propertysettlementlawyersperthwa
Solving Problems With An Adverse Possession Survey

Neighbors, property owners, or even entire communities can argue it’s about boundaries. Such arguments can cause tension and ultimate rifts between peaceful communities. These disagreements can be resolved by an adverse possession survey, which also helps to avert future problems.

To prevent adverse possession, landowners should draft a contract, which can be as simple as a few written phrases signed by all parties. This is especially critical. Are you interested in learning more about adverse possession and how adverse possession lawyers may help you acquire an adverse possession survey? If so, allow us to assist you in finding out more details.

What is Adverse Possession?

A basic contract might save the expenses of relocating structures or fences that were perhaps placed improperly. As long as both parties agree, the contract excludes the requirement to fix the problems on the land. Under this contract, called an adverse possession, someone on another person’s land for a predetermined period may eventually become the owner of that land. This is typically land they have not officially purchased and occupied for an extended period without the legal owner’s permission.

Know the Requirements

The guidelines for adverse possession claims in Australia are stringent. The land must have been exclusively and continuously possessed by the person asserting adverse possession for at least fifteen years. This implies that they had to have openly and peacefully taken and controlled the land without the original owner’s permission. The land’s occupant needs to demonstrate the following three criteria to claim ownership:

  • The land has truly been under their ownership.
  • Their objective was to own the land.
  • They have had them for at least fifteen years.

What Is An Adverse Possession Survey?

A survey to evaluate the possibility of adverse possession must be completed to ensure that all parties are fully aware of their legal positions. If a parcel of property is contested, the survey will establish who the true owner is, including whether adverse possession is required to transfer ownership. Adverse possession can be worth thousands of dollars due to contested boundaries in rural land ownership, where multiple acres are typically involved.

Initiating an Adverse Possession Claim

Now that we understand adverse possession, you must wonder how it works. If you are someone trying to resolve a boundary dispute through adverse possession, a clear understanding of the steps is crucial. As a legal matter, the process involves more than mere occupation of disputed land. Adverse possession demands a strategic and informed approach where information is your weapon. The following are actions one should take in the event of a border dispute to file an adverse possession claim:

Recognize the Adverse Possession Steps

Comprehending the prerequisites for a successful claim is critical before launching an adverse possession action. Five essential characteristics must be met in most states: the possession must be hostile, open, notorious, exclusive, and ongoing. This implies that the person must have utilized the property for an extended time, without the owner’s consent, in a way that is evident to the public.

1. Speak with a Lawyer

Legal jargon and complexity might be present in adverse possession disputes. Getting legal advice from adverse possession lawyers is usually a smart idea. They can walk you through the procedure and assist you in understanding the legal prerequisites for submitting a successful claim.

2. Perform a Title Search

To ascertain the property’s legitimate owner, a title search is crucial before launching an adverse possession claim. This will assist you in evaluating whether adverse possession of the property is genuinely feasible.

3. Document Your Use of the Property

It would help if you showed that you have been using the property in a way that complies with the law to successfully file an adverse possession claim. This entails recording how you used the property with photos, witness accounts, and other proof.

4. File a Claim

You may submit adverse possession claims in Australia to the court after you’ve satisfied all the prerequisites for adverse possession. Completing the proper documents and paying the filing fees will be necessary.

The Necessity of an Adverse Possession Survey

Surveys on adverse possession are crucial for several reasons. These include:

  • Adverse possession surveys play a crucial role in guaranteeing the preservation of property rights and the equitable and expeditious resolution of ownership disputes. They are essential to proving who legally owns a piece of property, particularly when there are several claimants or when the title is unclear.
  • The costs of relocating fences or structures that may have been incorrectly positioned might be avoided with a straightforward contract. As long as both parties agree, the contract excludes the requirement to fix the problems on the land.
  • These surveys are carried out by certified surveyors who collect data using specialized equipment and methods and produce comprehensive reports admissible in court.
  • Adverse possession studies are especially crucial in states where property ownership laws and regulations are intricate and frequently open to interpretation.
  • In addition to resolving current conflicts, an adverse possession survey can assist in avoiding future problems. To prevent adverse possession, landowners should draft a contract, which can be as simple as a few written phrases signed by all parties. This is especially critical.
  • Determining the rightful owner of a property can be difficult or impossible without an adverse possession survey, which can result in continuous conflicts and legal difficulties.
  • Because adverse possession surveys offer a comprehensive and unbiased evaluation of the data substantiating a claim of adverse possession, they can also aid in shielding property owners against fraudulent or misleading claims.

Conclusion

Adverse possession claims in Australia are legally complex and require a licensed surveyor who can help you understand the process. It’s also important to involve the other party so they know their rights and responsibilities.

When handling adverse possession claims, legal counsel is crucial. A competent building contract dispute lawyer can give you the legal know-how, rights defense, help with settlement negotiations and court representation, and risk management required to guarantee the best possible result for your case.

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