In order to harmonise Australian Property Title laws, it is necessary to agree upon a common set of rules delimiting the claims that may be made against a registered owner arising from adverse possession, encroachment by buildings, or improvement of land under a mistake.
The Australasian and overseas experience of various rules of adverse possession, mistaken improvement and building encroachment statutes is analysed to identify and evaluate the options and outline a recommended approach.
This article provides a basic, starter overview to help your research. Know your own State's legislation -> Victoria, 15 years South Australia, 15 years New South Wales, 12 years Western Australia, 12 years Tasmania, 12 years Queensland, 12 years Note: Legislation is subject to change at any time -> always seek legal advice to confirm the current position.
Adverse possession is a legal principle that enables the occupier of a piece of land to obtain legal ownership (from the current owner being the registered owner named on the Title). To be successful they need to prove uninterrupted and exclusive possession of the land for at least 15 years (in Victoria). Times vary for other states/territories.