Adverse possession
If your fences don’t match your title boundaries, you might have an adverse possession claim or be at risk of one.
Given land values in Melbourne, it is worth getting expert advice on your rights. Adverse possession is the process by which an occupier of land can become the legal owner of land, extinguishing the rights of the original owner.
Lots of properties around Melbourne and Victoria have fences and buildings that don’t lie on the title boundaries, and the owners may not even be aware!
You might find out about this if you or a neighbour has a survey completed for a renovation or extension, or if you’re purchasing a property and the agent or vendor has let you know that part of the backyard isn’t included on the title of the property being sold.
How can we help?
ADVERSE POSSESSION ADVICE
Review of any survey documents, initial searches and advising whether an adverse possession claim exists. Plus cost of searches.
Fee: $770
LETTER TO NEIGHBOUR
A letter to your neighbour asserting your rights.
Fee: $770
DEED OF ASSIGNMENT OF POSSESSORY RIGHTS + SUPPORTING STATUTORY DECLARATION
Documentation that will enable you to lodge an adverse possession claim in the future (or resist a fence being moved)
Fee: $990
ADVERSE POSSESSION APPLICATION
Take instructions for, prepare and lodge all documents required for adverse possession application. Plus lodging fee and cost of searches.
Fee: $4400
The cost of land registry searches, land registry fees, any stamp duty, and your surveyor’s costs are not included in these fees.
Not sure what you need? Get started by booking a free 10 minute call
Learn more about subdividing and adverse possession in Victoria
