Adverse Possession Claim Specialists in Melbourne
Adverse possession is a legal concept that allows you to obtain ownership over land if you can prove that you have lived on for a specified, uninterrupted period. With an adverse possession application and supporting survey documents by a licensed land surveyor, you may be able to claim legal ownership over land or a portion of land that has been within your boundary fencing for 15 years.Our land surveyors at ALL Spatial can help you understand your possessory rights and guide you through the adverse possession claims process to formalise them. We conduct title re-establishment surveys for you to include with your adverse possession application as supporting documents.
Our Adverse Possession Claim Professionals Can Help You With
Recognising Your Possessory Rights
You may already have rightful possession over the land you’ve lived on for at least 15 years, even if the title is not in your name. We’ll help you recognise your legal rights over the property.
Filing an Adverse Possession Application
When you file an adverse possession application, your legal representative will need to gather a range of supporting documentation. Our survey is one piece of evidence that can strengthen your application.
Correcting Title Errors
We can help you resolve land disputes and title errors to avoid any future confusion about your land ownership.
Our Adverse Possession Claim Services
- Adverse possession claim assistance
- Establish if you have a potential adverse possession claim
- Preparation of survey documentation
Our Adverse Possession Claim Process
Step 1: Meet the Minimum Requirements
First, our team will ensure that you meet the requirements for adverse possession based on how long you’ve lived on the land and under what circumstances. These applications are complicated, so the State of Victoria Department of Environment, Land, Water and Planning recommends engaging a lawyer to assist you.
Step 2: Collect the Necessary Evidence
Adverse possession claims in Melbourne require extensive evidence showing that you physically occupied the land for at least 15 years. Our land surveyors will draft a plan of survey describing the current circumstances of the land and surrounding property.
Step 3: Send You Supporting Documents for Your Adverse Possession Application
After completing the title re-establishment survey and locating the position of old fencing, we prepare a Plan of Survey showing the area to be claimed, supporting survey documentation such as Abstract of Field Records and Licensed Surveyors Report. Amongst other documentation, your Lawyer will lodge the application for approval.
Step 5: Await Application Approval and Answer Your Questions
The application for advertise possession will need to be advertised and the whole application assessed. If there is enough evidence to support the claim, then you will be granted ownership.
Why Choose ALL Spatial For Your Adverse Possession Claims in Melbourne?
Experience Preparing Supporting Documents
As licensed surveyors with 20+ years of experience, we have the expertise to draft thorough, legally compliant supporting documents for your application.
Licensed Surveyors
When you choose ALL Spatial, a licensed surveyor will visit your site and complete the survey on your behalf.
Reliable Communication
Processing adverse possession applications may take some time, but we’ll stay in touch and ensure that you have your signed and dated land survey and the necessary documents from us in a timely manner.
Transparent Assistance
You can trust our team to be upfront about whether you have actual possessory rights, potentially preventing you from wasting time on this process.
Ongoing Professional Development
We have the skills and experience to prepare supporting survey documentation correctly the first time and undergo continuing education to ensure we are up to date with any changes.
Code of Conduct Policy
Our team members uphold a strict code of conduct policy, ensuring consistent service and adherence to our company’s core values.
What Is Required in Making an Adverse Possession Claim in Melbourne?
To make a valid adverse possession claim, you must:
- Have exclusively occupied the land for a period of at least 15 continuous years
- Have fencing that is at least 15 years old or recent fencing built on the same alignment as previous fencing
- Have obtained ‘Assignment of Possessory Rights’ from previous owner if you have recently purchased your property or have not owned your propoerty for more than 15 years
FAQs
What is adverse possession?
Adverse possession is a legal concept that allows you to claim a piece of land and take legal ownership of it if you meet certain requirements, like having occupied it for 15 years. Making an adverse possession claim requires a land survey showing the current circumstances and boundaries of the land you are claiming. We can provide this survey for you.
Do you need a licensed surveyor for adverse possession claims?
Yes, every adverse possession claim in Melbourne and Victoria must include a survey from a licensed surveyor.