DVERSE POSSESSION DOES NOT APPLY TO FREEHOLD TORRENS TITLE!
ADVERSE possession only applicable to non RPA land . East and west coasts of OZ have a number of parcels. Here in SA the few remaining parcels are noted and generally limited titles issued as ownership proven, but not processed as await owner to produce a free hold certified survey defining boundaries of the parcel to provide title data and thus finalise the free holding process..
RADU
Contrary to the comment by RADU, adverse possession does apply in Western Australia. As the article stipulates, the land encroached upon must be occupied for at least 12 years and applications for vesting of the land may be made to the Commissioner of Titles or the Supreme Court.
Happy New Year
How come you have adverse possession applicable to freehold Torrens title land and we do not in SA?
RADU
RADU - Are you talking about whole parcels in dispute.
Adverse possession in the article referred to a strip of land between adjoining titles that was originally in one title and has since been fenced as belonging to the adjacent parcel.
Adverse possession applies in Victoria.
I am talking strips where fence placed off surveyed boundary in Torrens title land, where boundary can be redefined and is not NUA land..
RADU
Hey Richard
Our Transfer of Land Act allows for Adverse Possession - just lucky I guess. There is no adverse possession allowed over Crown Land and the jury is out as to whether it applies within a Strata Scheme.
Eric,
So that means that you could be first in a new subdivision and put up a fence say 0.3m ( foot) into adjoining block and provided neighborhood block was large enough not to require survey to build house (to detect incorrect fence position) or block remained vacant for say 13 years then you could claim that land by adverse possession from neighbor all be it the abutting neighbour has title measurement distance to that land outside fence?
RADU
