Adverse Possession Archives

Adverse Possession UncategorisedNavigating Victoria’s Century-Old Covenant Conundrum: When Single Dwelling Restrictions Block Subdivision Dreams

10 June 2025

In Melbourne’s ever-expanding suburbs, thousands of homeowners face a hidden legal obstacle that can derail redevelopment ambitions before a single plan is drawn. It’s not a zoning overlay or council policy—it’s a restrictive covenant, typically containing a deceptively simple phrase: “single dwelling only.” These private land-use restrictions, often registered decades ago, can thwart even the...

Adverse PossessionLong form article on Adverse Possession

24 August 2016

The test for acquiring title by adverse possession has not changed in many years. However, the application of that test is complex, taking into account a variety of situations that may affect a claim such as knowledge of the possessor and concurrent rights over the land.

Adverse Possession PropertyTrolling through The Argus – 1879

10 August 2016

In the case of Jones v. M the plaintiff sued for obstruction to a right-of way at West Melbourne. The plaintiff relied upon a certificate of title, which showed his title to the right-of-way, and the Court held that under the act passed last Session this gave him an indefeasible title to have the right-of-way free from obstruction.

Adverse Possession Property1870 – Tenant at will of land

9 August 2016

An important decision was given in the Equity Court yesterday (sic), by Mr. Justice Molesworth, in Robertson v. Keith, affecting the value of certificates of title under the Transfer of Land Statute, which have been generally supposed to be unimpeachable, except by claims under adverse possession for 15 years.

Adverse Possession PropertyBy 1877 Victoria had been well and truly surveyed

30 July 2016

The counties of Victoria are names of the divisions used in Victoria, Australia, for land administration purposes. Victoria is divided into 37 counties, which were gazetted in stages between 1849 and 1871 as Victoria was progressively opened up to British settlement.

Adverse Possession Propertythe Greatest Adverse Possession claim in the history of Melbourne

23 July 2016

A very early hand drawn map of Port Phillip c 1830s by William Thomas, Protector showing European and Aboriginal names including his record for the Aboriginal name for Port Phillip, more commonly known as Nerm or Neerim

Adverse PossessionSquatters and adverse possession

11 July 2016

Twelve years or fifteen years would seem like a lifetime to actually squat and occupy someone else's property to gain full legal proprietary rights. From a strict legal perspective the squatter would need to

Adverse PossessionRemoval of Easement – Registered

11 June 2016

Recently we lodged a s73 Applications to remove an unwanted easement on title with the Land Titles Office Victoria

Adverse PossessionThe Three Pillars of Adverse Possession

22 May 2016

If you are considering making a successful adverse possession claim, here are the three key principles to consider, admirably stated by the Supreme Court Victoria - Court of Appeal in the 2009 Abbatangelo case.

Adverse PossessionBuilding on your neighbour’s title

1 May 2016

Have you unintentionally and recently built over your neighbour's title? It shouldn’t happen. It does happen. It can be a big problem. This situation does occur. And its a problem occurring with more frequency as building plans are drawn to build upon the boundary or boundary to boundary without a setback.

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