Did you know that you can obtain title to land which you have adversely possessed as a result of a fencing dispute, by making an application under the Fences Act to the Magistrates’ Court of Victoria?
Landowners in Victoria are able to claim adverse possession of land by the following means:
- Lodging an application to Land Use Victoria;
- Court Orders from the County Court of Victoria or Supreme Court of Victoria; or
- Application to the Magistrates’ Court of Victoria under the Fences Act.
Adverse possession allows a person to claim ownership of land they have occupied for at least 15 years without the owner’s permission, subject to some exceptions. There must have been continuous, uninterrupted and exclusive possession of the land. This is common where fences are not built on the title boundary. After 15 years, the landowner may make an application (by various means) to obtain legal ownership of the land.
If you or someone you know has a fence that is out of alignment with the title boundaries, and would like to know more about how to obtain legal title to that land, please feel free to contact us.
