Property

• Adverse Possession Applications
• Conveyancing for Primary Producers
• Residential Conveyancing
• General Law Conversions
• Subdivisions
• Trusts

Adverse Possession Applications

If you own and pay rates on a parcel of land, but do not have a title to it, do not despair. Legislation (Transfer of Land Act 1958 Section 60) has been passed by Parliament to enable a person or corporation in this situation to apply to the Land Titles Office to have a title issue to them for the land in question.

There are a number of factors to take into account in making such an application:

• The land must be fenced to keep out trespassers.
• You must have paid municipal rates on the land for at least 15 years.
• Generally the application will not succeed if there is a dispute with another party as to ownership.
  An independent person must be available to sign a Statutory Declaration confirming your right to the land.
• You will not succeed if the land in question belongs to the government - such land is called Crown Land.
• You will not succeed if part of the land has been used as a public road.
• You will have to disclose what use you have made of the land.
• A survey or an aerial photograph must be produced to the Land Titles Office to properly identify the land