Requirements for Gaining Land Through Adverse Possession
In case you own a piece of land, you might want to develop it at some point in time. In most cases, you will find people laying claim to the property immediately once they see the commencement of construction. If this happens, then your best bet to keeping the property is through the adverse possession principle. However, such land disputes are usually tasking if natives owners are involved. If the other party is laying claim to your property on the basis that the land belonged to their family many years ago, you should brace yourself for a complicated legal battle; however, it pays to be well prepared. This article provides requirements to help you keep your property through adverse possession.
Actual possession of the property
As with any other land dispute, you must prove beyond reasonable doubt that you legally own the piece of land in question. The only document that will ascertain that you are the property owner is the land title deed provided to you by the lands office. You want to make sure that yours is a genuine title because you cannot rule out the possibility of being issued with a fake one. If you can prove that your claim is valid, then you have finished the first step towards keeping your piece of lot via adverse possession.
Open Use of Property
When you are planning to put up a structure on the property, you need to do so in a public manner whether you are aware that you are possibly encroaching on another person's lot or not. What this means is that you need to treat every inch of the property in a manner that any reasonable man would conclude that the entire property belongs to you. For instance, before you commence construction, engage a surveyor in evaluating the land publicly. Additionally, having friends come over for a barbecue or installing lawn furniture on the disputed piece or part of property amounts to open use.
Limitation Period
In Australia, the limitation periods for obtaining adverse possession on a piece of property varies from one state to the other. For instance, in South Australia or Victoria, you must have used the piece of land for not less than 15 years if you want the principle of adverse possession to act in your favor. In New South Wales, Western Australia, and Tasmania the limitation period is 12 years. If you can prove the case, then you have every chance of retaining the property.
For more information, contact a land surveyor.