Does anyone have experience with or understand adverse possession in WA context? Ive found on the internet that it applys in Victoria, cant find anything for WA but surely it would be similar?
It is in reference to dividing walls/fences that overstep the neighbors boundary.
It is probably similar to that in other states.
eg. the possession needs to be:
– open, not secret
– peaceful, not by force
– adverse, not by consent.You will need to possess the land for at least 12 years in NSW to claim title.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Mal Park is the Australian authority on partial adverse possession. His doctoral thesis looks at each state http://www.csdila.unimelb.edu.au/publication/thesis/MMP_PhD_Thesis.pdf of course there may have been changes since he wrote this
You must be logged in to reply to this topic. If you don't have an account, you can register here.
