Adverse possession

Adverse possession is an old doctrine of law, which entitles an occupier of land, under certain circumstances, to acquire ownership of the land.

At common law, in order to establish a claim for adverse possession a person who occupies the land must demonstrate that they have had actual possession of the land and that possession was exclusive, continuous, adverse to the interests of the owner and conducted in such a way that it would notify the legal owner that the trespasser was in possession.

In Western Australia that exclusive and continuous possession must take place over a 12 year period. If after that 12 year period a person can establish the abovementioned elements, that person can make an application to the Commissioner of Titles for adverse possession.

Rowe Bristol Lawyers has experience in advising clients on the legitimacy of their claim for adverse possession and the ability to assist clients to oppose a claim for adverse possession.

If you require legal advice in relation to adverse possession, please contact us to arrange a meeting so that we may consider your specific circumstances.

The above information in relation to adverse possession is provided as general information only and should not be relied upon as legal advice. The accuracy of this information may have changed from the date whenit was published.