Adverse possession in Australia: Difference between revisions
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===The statutory period=== |
===The statutory period=== |
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The limitation period for the land varies among the states: |
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! State/Territory || Required length of time for the land || Limitation periods for the Crown |
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| {{center|[[NSW]]}} || {{center|12 years}} || {{center|30 years}} |
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| {{center|[[Queensland]]}} || {{center|12 years}} || {{center|—}} |
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| {{center|[[Tasmania]]}} || {{center|12 years}} || {{center|30 years}} |
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| {{center|[[Victoria]]}} || {{center|15 years}} || {{center|—}} |
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| {{center|[[Western Australia]]}} || {{center|12 years}} || {{center|—}} |
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| {{center|[[South Australia]]}} || {{center|15 years}} || {{center|60 years}} |
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| {{center|[[ACT]]}} || {{center|—}} || {{center|—}} |
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| {{center|[[Northern Territory]]}} || {{center|—}} || {{center|—}} |
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In laws of the [[Northern Territory]], [[Queensland]], [[Victoria (Australia)|Victoria]] and [[Western Australia]] there's no way to bring an adverse possession claim against the [[Crown land|Crown]]. It was proposed that the reason is that the Crown cannot be expected to monitor all Crown land for illegal occupiers. |
In laws of the [[Northern Territory]], [[Queensland]], [[Victoria (Australia)|Victoria]] and [[Western Australia]] there's no way to bring an adverse possession claim against the [[Crown land|Crown]]. It was proposed that the reason is that the Crown cannot be expected to monitor all Crown land for illegal occupiers. |
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The NT and the [[Australian Capital Territory|ACT]] have statutes of limitations, but adverse possession is not part of their land law. The doctrine has been removed from the law of these territories. |
The NT and the [[Australian Capital Territory|ACT]] have statutes of limitations, but adverse possession is not part of their land law. The doctrine has been removed from the law of these territories. |
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==The law and squatting== |
==The law and squatting== |
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Revision as of 14:09, 7 May 2021
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The doctrine of adverse possession in Australia was inherited from England. Adverse possession arose in and was suited to a land law system based on possession and relativity of title. Various approaches were undertaken in this area in Australia.
The requirements to prove
The statutory period
The limitation period for the land varies among the states:
| State/Territory | Required length of time for the land | Limitation periods for the Crown |
|---|---|---|
12 years |
30 years
| |
12 years |
—
| |
12 years |
30 years
| |
15 years |
—
| |
12 years |
—
| |
15 years |
60 years
| |
— |
—
| |
— |
—
|
In laws of the Northern Territory, Queensland, Victoria and Western Australia there's no way to bring an adverse possession claim against the Crown. It was proposed that the reason is that the Crown cannot be expected to monitor all Crown land for illegal occupiers.
The 60 year limitation period for the Crown has been kept by South Australia and has been reduced to 30 years in NSW and Tasmania, similarly to the English approach.
The NT and the ACT have statutes of limitations, but adverse possession is not part of their land law. The doctrine has been removed from the law of these territories.