All Topics / Legal & Accounting / Adverse possession claim of land recently acquired by council.

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  • Profile photo of jazz77jazz77
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    @jazz77
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    Short version of a long story.

    Land in question fulfills all requirements for adverse possession, ie:period of occupation 30+ years, rates paid on the land etc.

    Adverse possession was not previously considered, as the title to the land was difficult to determine and council gave the impression they owned it. Therefore any claim would be a waste of time. So the process to purchase the land from council began. 15 months ago

    Turns out the land title was in the name of original developer, 80-100 years ago. Council was transferred title in December 2012 from ASIC.

    Adverse possession is now unlikely as the land is protected by the limitations act.

    Does anyone know of any cases lodged since the expiration of the grace period in the limitations act?

    It seems the limitations clauses were designed to protect council land from being eroded by adverse claims over time. Although it may be within the law, it does not seem right that the clause can be used to allow council to claim land which was not theirs, which extinguishes any adverse claims, with the intention of then selling it. All within a 9 month period.

    Profile photo of Rob G.Rob G.
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    Profile photo of Scott No MatesScott No Mates
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    @scott-no-mates
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    Plenty of examples can be found with roadways/railway reservations which haven't been transferred between different levels of government.

    Profile photo of jazz77jazz77
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    @jazz77
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    Profile photo of jazz77jazz77
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    @jazz77
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    I'm not sure what you mean Scott. Are you referring to similar cases ?

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