A fascinating article on ABC about a decision in the NSW Supreme Court yesterday, which handed a home to a property developer who came across it in 1998, changed the locks and started renting it out. Essentially it means if you are in possession of land for long enough you can presume to have title to land.

It’s called adverse possession. In WA, as a general rule, if you have possession of land for 12 years, it is without consent of the registered owner but visible to them, you can apply for it to be transferred. Most older residential blocks have a small area of adverse possession due to past surveying errors. AP can be useful if you need to place building works to a boundary.

If you have any such matters, contact us today.