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.

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.

This month we had two, not one, removal of easements / roads off title for non-use. In both cases the carriage way easement and the road were redundant. Both were created many years ago. Both the reasons for their creation was not obvious. Both are blots on title. And both affected future use of the clients' properties.