Adverse possession is a process by which an occupier of land may obtain ownership if they have uninterrupted and exclusive possession of the land for at least 15 years. Most adverse possession claims arise due to a misaligned dividing fence with neighbouring property or through enclosure of a disused laneway or road. Adverse possession claims may not be made against the Crown, VicTrack, water authorities and local governments (in relation to Torrens title land).

With property values in inner-Melbourne suburbs often reaching up to $10,000 per square metre, the loss of value from an adverse possession claim can be significant.

The property lawyers at Parke Lawyers in Melbourne have a wealth of experience in adverse possession and road discontinuance matters. Our experience includes making and defending applications to the court and to Land Use Victoria.

As the process can be complex, it is important to retain the services of an experienced property law to ensure the right result. The property lawyers at Parke Lawyers can assist with arranging valuations and survey plans, obtaining rating evidence, preparing statutory declarations. Typically, the time-frame for an uncontested application ranges from three to six months.