Adverse Possession Disputes

Property Law: 22 March 2019

Author: Rob Bradley - Our People

Occupation of land without the consent of the owner for a long period may enable the occupier to obtain a legal title to the land.

Possession is 'adverse' when the owner has been expelled by a trespasser which may be established by proving that the occupier has had exclusive possession of the land in an obvious way.

A common example occurs when fences are constructed outside the title boundary and remain in such location for over 15 years. 

Aitken Partners has extensive experience in successful claims for land by adverse possession.