Depending on your jurisdiction, you might be able to acquire rights of adverse possession to someone else's land in Australia. This article provides a basic, starter overview to help your research.

1. How to Obtain Adverse
Possession in Australia

2. Depending on your jurisdiction, you might be able to acquire
rights of adverse possession to someone else's land in Australia.
This article provides a basic, starter overview to help your
research.
1. Know your own State's legislation. The ability and length of
time required to be able to obtain adverse possession of
another person's land varies from State to State.

3. 2. Look for the length of time required. Where it is possible
to obtain land by adverse possession, there are time
requirements (limitation periods) involved:
• Victoria, 15 years
• South Australia, 15 years
• New South Wales, 12 years
• Western Australia, 12 years
• Tasmania, 12 years
• Queensland, 12 years

4. 3. Be aware that if the claim is against the Crown (government),
that such a claim can be made only in New South Wales and
Tasmania, and both require a 30 year limitation period to pass
first. There are also additional conditions in place, so you must
seek legal advice. The reason for higher hurdles for claims
against the Crown reflects the reality that it is harder for
government to keep an eye on its lands and it is assumed that the
government continues to hold possession for the public good
despite any apparent neglect or lack of noticing squatters.

5. 4. Have evidence of occupation and possession. Adverse
possession means not mere occupation but also actual
physical possession in an open and peaceful manner, without
consent of the original owner. You will need to be able to prove
to the Titles Office in your State that you have occupied the
land for the entire period of time required. If you have any
form of permission (such as a licence, lease, or agreement to
use the land), you won't be able to claim adverse possession
because it will be clear that the owner never intended to pass
over ownership. Some signals of an intent to take adverse
possession include:
Erecting signs requesting people to keep out, that the land is
private, or enclosing the property securely, in an open manner
without challenge;
Payment of rates and taxes.

6. 5. Seek advice from a property lawyer.
This isn't an easy process and few
people will gain land through this
method.
For starters, your lawyer will need to
determine the point at which the
limitation period commenced (such as
when the previous owner vacated the
land and didn't return). This is not
necessarily a straightforward
determination.
Your lawyer will advise you of the
documentation and evidence that you
will need to gather to build your case.
If you are disputing fence lines, get
advice from a registered surveyor.

7. Tips
If the possessor obtains adverse possession of the land, the
title of the previous owner is extinguished.
This is not the case in Torrens title land. In NSW, s45C RPA
overrides s65 of the Limitations Act 1969, which (standing
alone) would extinguish the registered proprietor's title when
the statutory period of adverse possession expired. (Public
Trustee v Bellotti (1986)).
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