In NSW, Adverse Possession is the term given to an entitlement claimed by a person who has occupied land they do not own for a continuous period of 12 years or more, and have satisfied the requirements set out in the Real Property Act NSW 1990.
Whilst the criteria set out in the legislation is not easy to satisfy, it is possible if you occupy a parcel of land that you do not own for a continuous period of 12 years or more and you maintain it, treat it as your own etc then you may satisfy the criteria to make such a claim.
An example of where this may be possible is an encroachment on a neighbouring boundary. Say for example you purchase a property in the country and you get a survey report to realise that the boundary fence is not in the correct spot and in fact part of your neighbours land is inside your fence. If you treat this parcel of land as part of your property, you mow it and maintain it etc for a continuous period of 12 years or more then you may have a claim. Each claim is assessed on a case by case basis and there is case law to suggest that simply putting up a fence is not enough.
If you or someone you know feels they may be entitled to such a claim contact our team of experienced property lawyers today on 4627 3333.
This article was published on 30/01/24 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.
