2016Squatters and adverse possession
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
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
Recently we lodged a s73 Applications to remove an unwanted easement on title with the Land Titles Office Victoria
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.