We have undertaken numerous adverse possession valuations for local government Councils and affected landowners over the last 30 years in both Melbourne and the Mornington Peninsula.
Valuations for adverse possession typically occur where land either running across the rear or down the side boundary has incorporated former rights of way within the property boundary. Alternatively fence lines may have moved between adjoining owners over time also giving rise to claims for adverse possession. Formalising these additional land areas within your title is particularly important if you wish to sell your property or undertake more intensive redevelopment of your land holding.
According to Land Victoria – Adverse possession is a legal rule that enables the occupier of a piece of land to obtain ownership of it, provided they can prove uninterrupted and exclusive possession of the land for at least 15 years.
Note: You must have excluded the rightful owner from the parcel for this period and proved your continuous use and occupation.
Note: Adverse possession is not permitted against the Crown (Victorian Government and agencies) or Local Councils where they hold title to said land.
With the substantial increase in land values over the last twenty years even small parcels of land can add substantial value particularly where they are located along the side of an allotment and enable increased development density and subdivision potential.
The procedures for claims for adverse possession are detailed within the Transfer of Land Act 1958 under Division 5—which covers Acquisition by possession (section 60 which outlines the Application for order by persons claiming title by possession).
Considering a potential claim for adverse possession? Let us provide a valuation for your consideration regarding the potential uplift in value and the impact on property rates and taxes. Here is a link to Land Victoria’s -Guide to adverse possession applications under section 60 of the Transfer of Land 1958
If you need to discuss a valuation for adverse possession purposes please contact us for advice and a quotation.
Call us today Tel: 03 9596 0000 – Melbourne | Tel: 03 5977 1056 – Mornington or complete the contact form setting out your requirements and we will assist you with your property valuation and advice requirements.
