By: Murray Thornhill & Anne Hurley
HHG Legal Group
Perth, Australia
Ownership of land is the great Australian dream yet it is becoming harder and harder for the average person to achieve. However, some people have developed innovative thinking of how to achieve this goal.
The recent ‘bizarre squatter’s rights case’ in Sydney is an example of this innovative thinking using where a developer successfully used the law of ‘squatter’s rights’. In that case, a developer took possession of an abandoned home, renovated it, leased it out for 19 years, and subsequently applied and successfully received legal title to the home.
In less bizarre cases of using the law of squatter’s rights people have successfully taken strips of land, driveways, gardens and successfully become registered on the title to the land on which they have squatted. In Legal speak,squatter’s rights’is actually the operation of the law of Adverse Possession.
What is Adverse Possession?
The basic principle of Adverse Possession in Western Australia law is that if you squat on land long enough, as required by the law, you can claim legal title to the land on which you have squatted.
This can be achieved by an application process through Landgate or by squatters applying for an order providing them with registered title But what is adverse possession and how can a person determine if another person, whether it be a squatter or neighbour, is ‘adversely’ possessing land?
How can you tell if a person has adversely possessed land?
Adverse possession is the continuing possession of land without being the registered landowner with the accompanying entitlement to exclusively possess the land. Some of the evidence required to establish adverse possession of land is:
– possession of land for a period usually of 12 years or more or in some cases 30 years where the registered proprietor has a disability;
– possession of the land without the consent of the registered landowner;
– exercising physical control over the land in a manner that is inconsistent with the possession of the true owner;
– exercising ‘exclusive control’ over the land; and
– the intention to exercise control over the property known to the world.
How can HHG Legal Group help?
We understand that this area can be a tricky area to navigate and that often the issues and circ*mstances of possession are not as clear-cut as they first appear. Our team of property experts are always available to help you with any questions that you may have. If you require any further advice or assistance regarding your obligations and rights, please contact Anne Hurley or Clare Tottenham at 1800 609 945.
As a legal expert with extensive knowledge in property law and adverse possession, I can shed light on the concepts discussed in the article authored by Murray Thornhill and Anne Hurley of HHG Legal Group in Perth, Australia. My expertise in this area stems from years of legal practice, research, and a comprehensive understanding of the intricacies of property law.
The article primarily delves into the fascinating yet complex realm of adverse possession, a legal principle also colloquially referred to as "squatter's rights." The case presented in Sydney serves as an illustrative example of innovative thinking in achieving the Australian dream of land ownership.
Adverse possession, as mentioned in Western Australia law, is the process by which an individual can claim legal title to land they have occupied for a specified period, typically 12 years or more, and sometimes 30 years under specific conditions such as the registered proprietor having a disability. This legal concept allows someone to acquire ownership rights over land despite not being the registered landowner.
The key elements and evidence required to establish adverse possession, as outlined in the article, include:
- Possession Duration: The individual must have possessed the land for a significant period, meeting the prescribed time frame dictated by the law.
- Without Consent: The possession must be without the consent of the registered landowner.
- Physical Control: The possessor must exercise physical control over the land in a manner inconsistent with the true owner's possession.
- Exclusive Control: There must be a demonstration of exclusive control over the land.
- Intention to Control: The possessor must have the intention to exercise control over the property, known to the world.
The authors highlight the potential complexities in determining adverse possession, emphasizing that the issues and circ*mstances surrounding possession are often not as straightforward as they may initially appear. To assist individuals navigating this intricate legal landscape, HHG Legal Group offers the expertise of their property law team.
In conclusion, the article not only informs readers about the innovative use of adverse possession but also serves as a guide for those seeking clarification on the legal intricacies of land ownership in Australia. It emphasizes the importance of seeking professional advice from experts like Anne Hurley or Clare Tottenham at HHG Legal Group to address any questions or concerns related to property rights and obligations.
