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The doctrine of adverse possession in Australia was inherited from England. Adverse possession arose in and was suited to a land law system based on possession and relativity of title. Various approaches were undertaken in this area in Australia.[1][2]
The limitation period for the land varies among the states.[3][4][5][6]
The claimant will need to be able to prove to the Titles Office in the State of jurisdiction that they have occupied the land for the entire statutory time period. If there is any permission form, possession cannot be claimed.[5]
Any person who is ready to take possession of a unoccupied property/land subject to satisfy all the demands of the Laws of the State of jurisdiction may claim unfavourable possession.[5]
In case when adverse possession has not been fully developed, is not organized and lacks order, this called "incomplete adverse possession".[7]
The statutory periodedit
The limitation period for the land varies among the states:[3][4][5][6]
In laws of the Northern Territory, Queensland, Victoria and Western Australia there's no way to bring an adverse possession claim against the Crown. It was proposed that the reason is that the Crown cannot be expected to monitor all Crown land for illegal occupiers.[8]
The 60 year limitation period for the Crown has been kept by South Australia and has been reduced to 30 years in NSW and Tasmania, similarly to the English approach.[9]
The NT and the ACT have statutes of limitations, but adverse possession is not part of their land law.[10] The doctrine has been removed from the law of these territories.[11]
The law and squattingedit
Squatters are not tenants, they occupy premises without the consent of the owner. It is for this reason property owners want them occupied by legal tenants as a property that has been vacant for some time has the potential to be claimed by a squatter.[5]
Reviewsedit
The doctrine of adverse possession was reviewed in publications such as "A Critique of the Doctrine of Adverse Possession", "The effect of adverse possession on part of a registered title land parcel" and "Adverse possession of Torrens land: Parliamentary inquiry strays out of bounds". The first article states that the "application of adverse possession in Australia is not morally justifiable."[12] The second represents "an investigation of the effect of adverse possession upon the land market."[13] The authors of the third article think that "the 1979 NSW reforms, being based on adverse possession, were unnecessarily clumsy."[14] Also there is a dissertation titled "A review of the application of adverse possession within the Torrens system of land regulation in Australia".[15]
In the opinion of Fiona Burns, "the Australian approach to adverse possession is fractured, incomplete and contradictory."[16]
^Teo, Hong Yin (2008). "A Critique of the Doctrine of Adverse Possession". Political Science: 128. CiteSeerX10.1.1.611.8561.
^Park, Malcolm (January 2003). "The effect of adverse possession on part of a registered title land parcel" (PDF). Retrieved 7 May 2021. {{cite journal}}: Cite journal requires |journal= (help)
^Park, Malcolm; Ting, Lisa; Williamson, Ian (November 1998). "Adverse possession of Torrens land: Parliamentary inquiry strays out of bounds". Law Institute Journal. 72 (11): 77–81. Retrieved 7 May 2021.
Hepburn, Samantha (2013). "Chapter 4: Adverse Possession". Australian Principles of Property Law. Routledge. pp. 67–85. ISBN978-1-876905-08-8.
Burns, Fiona (2011). "Adverse possession and title-by-registration systems in Australia and England". Melbourne University Law Review: 773, 786–788, 803. S2CID 55040649.
Mulliss, Michael (2009). "A review of the application of adverse possession within the Torrens system of land regulation in Australia": 18–19. Retrieved 7 May 2021. {{cite journal}}: Cite journal requires |journal= (help)
Further readingedit
Osborne, Rosemary (1975). "Adverse Possession and the Real Property Act". UNSW Law Journal. 1: 175. Retrieved 7 May 2021.
De Biasi, Alaina (2019). "Squatting and adverse possession". City: Analysis of Urban Change. 23 (1): 66–82. doi:10.1080/13604813.2019.1579501. S2CID 151111636. Retrieved 7 May 2021.
April 14, 2024
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This article is an orphan as no other articles link to it Please introduce links to this page from related articles try the Find link tool for suggestions April 2022 The doctrine of adverse possession in Australia was inherited from England Adverse possession arose in and was suited to a land law system based on possession and relativity of title Various approaches were undertaken in this area in Australia 1 2 The limitation period for the land varies among the states 3 4 5 6 Contents 1 The requirements to prove 1 1 The statutory period 2 The law and squatting 3 Reviews 4 References 5 Sources 6 Further readingThe requirements to prove editThe claimant will need to be able to prove to the Titles Office in the State of jurisdiction that they have occupied the land for the entire statutory time period If there is any permission form possession cannot be claimed 5 Any person who is ready to take possession of a unoccupied property land subject to satisfy all the demands of the Laws of the State of jurisdiction may claim unfavourable possession 5 In case when adverse possession has not been fully developed is not organized and lacks order this called incomplete adverse possession 7 The statutory period edit The limitation period for the land varies among the states 3 4 5 6 State Territory Required length of time for the land Limitation periods for the CrownNSW 12 years 30 yearsQueensland 12 years Tasmania 12 years 30 yearsVictoria 15 years Western Australia 12 years South Australia 15 years 60 yearsACT Northern Territory In laws of the Northern Territory Queensland Victoria and Western Australia there s no way to bring an adverse possession claim against the Crown It was proposed that the reason is that the Crown cannot be expected to monitor all Crown land for illegal occupiers 8 The 60 year limitation period for the Crown has been kept by South Australia and has been reduced to 30 years in NSW and Tasmania similarly to the English approach 9 The NT and the ACT have statutes of limitations but adverse possession is not part of their land law 10 The doctrine has been removed from the law of these territories 11 The law and squatting editSquatters are not tenants they occupy premises without the consent of the owner It is for this reason property owners want them occupied by legal tenants as a property that has been vacant for some time has the potential to be claimed by a squatter 5 Reviews editThe doctrine of adverse possession was reviewed in publications such as A Critique of the Doctrine of Adverse Possession The effect of adverse possession on part of a registered title land parcel and Adverse possession of Torrens land Parliamentary inquiry strays out of bounds The first article states that the application of adverse possession in Australia is not morally justifiable 12 The second represents an investigation of the effect of adverse possession upon the land market 13 The authors of the third article think that the 1979 NSW reforms being based on adverse possession were unnecessarily clumsy 14 Also there is a dissertation titled A review of the application of adverse possession within the Torrens system of land regulation in Australia 15 In the opinion of Fiona Burns the Australian approach to adverse possession is fractured incomplete and contradictory 16 References edit Burns 2011 p 773 Malcolm Rosalind 2020 Concentrate Questions and Answers Land Law Law Q amp a Revision and Study Guide 3 ed Oxford University Press p 89 ISBN 978 0 19 885320 6 a b Hepburn 2013 p 68 a b Burns 2011 p 786 788 803 a b c d e Brown Garth 20 August 2016 Adverse possessions Property Update Retrieved 7 May 2021 a b Mulliss 2009 p 18 Mulliss 2009 p 19 Burns 2011 p 788 Burns 2011 p 787 Burns 2011 p 786 Burns 2011 p 803 Teo Hong Yin 2008 A Critique of the Doctrine of Adverse Possession Political Science 128 CiteSeerX 10 1 1 611 8561 Park Malcolm January 2003 The effect of adverse possession on part of a registered title land parcel PDF Retrieved 7 May 2021 a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help Park Malcolm Ting Lisa Williamson Ian November 1998 Adverse possession of Torrens land Parliamentary inquiry strays out of bounds Law Institute Journal 72 11 77 81 Retrieved 7 May 2021 Mulliss 2009 Burns 2011 p 817 Sources editHepburn Samantha 2013 Chapter 4 Adverse Possession Australian Principles of Property Law Routledge pp 67 85 ISBN 978 1 876905 08 8 Burns Fiona 2011 Adverse possession and title by registration systems in Australia and England Melbourne University Law Review 773 786 788 803 S2CID 55040649 Mulliss Michael 2009 A review of the application of adverse possession within the Torrens system of land regulation in Australia 18 19 Retrieved 7 May 2021 a href Template Cite journal html title Template Cite journal cite journal a Cite journal requires journal help Further reading editOsborne Rosemary 1975 Adverse Possession and the Real Property Act UNSW Law Journal 1 175 Retrieved 7 May 2021 De Biasi Alaina 2019 Squatting and adverse possession City Analysis of Urban Change 23 1 66 82 doi 10 1080 13604813 2019 1579501 S2CID 151111636 Retrieved 7 May 2021 Retrieved from https en wikipedia org w index php title Adverse possession in Australia amp oldid 1216446475, wikipedia, wiki, book, books, library,
