top of page
© 2026 Redman Lynch. Proudly designed by Creatik.
Liability limited by a scheme approved under Professional Standards Legislation.
Redman Lynch seeks to deeply understand the needs of our client before delivering legal solutions to achieve their goals.
Section 60 TLA
Adverse Possession
Stage 1
Assessment/ Establishment of Claim
The timeframe for an adverse possession application is 15 years under section 8 of the Limitations of Actions Act 1958 (Vic). This can be made up of the possession of the current registered proprietor and predecessors-in-title, provided it can be documented through deed of assignment of possessory rights and statutory declarations.
The Subject Land being established cannot be against certain Government Entities such as Council, the Crown, VicTrack or Owners Corporation of which the Applicant is apart of: section 7A-7C Limitation of Actions Act 1958 (Vic). Roads within the meaning of the RMA (Schedule 5 2(b) Road Management Act 2004 (Vic) pose difficulties also.
Ensure no action or ownership by the Applicant has disqualified an adverse possession application, such as; acknowledgement of title (eg making an offer to purchase), entitled to the Subject Land through inheritance or a trust, the Applicant has a lease or licence over the Subject Land or any type of consent from the true owner.
Search our databases and aerial and street images and if the Subject Land as well as ascertaining what is contained in the Subject Land (ie footings). Inspect the title and land type of the Subject Land – (ie general law, hiatus land, excess land or torrens title) and whether any warnings still exist on the Subject Land title.
Determine how the Subject Land is being physically controlled which is open and peaceful and without force, which could be by fencing, buildings, a gate with or without a lock, blocking off of road or lane or if the Subject Land is not completely enclosed consider other control mechanisms such as maintaining the Subject Land, grazing animals, planting trees and gardening.
If the dispute involves fencing, consider resolving through Fencing Act 1968 (Vic) or other boundary amendment applications or alternative such as a Section 103, Section 99, Section 15 or NICO subdivision is neighbours are amicable.
If 30 years evidence of non-use or extinguishment of an encumbrance can be achieved then consider removing the encumbrance such as drainage/ sewerage easement or carriageway/ road status.
Stage 2
Obtain Evidence
Evaluate whether the Subject Land requires a survey or a request to waive survey. Liaise with the Surveyor for the Survey documentation and get invited into the SPEAR workspace.
If required, draft the Deed of Assignment of Possessory Rights for each predecessor-in-title to make up the 15 years and contact them to execute along with the Statutory Declaration of the predecessor-in-title. If Deed of Assignment of Possessory Rights have already been obtained and cannot obtain a Statutory Declaration from the predecessor-in-title discuss alternative options of a statutory declaration from at least 1 disinterested witness.
Draft the Land Registry proforma Statutory Declaration for the Applicant and the Australian Legal Practitioner.
Obtain evidence from Council that the road is not a Road under the Road Management Act 2003 (Vic) and if the Applicant has paid or not paid Council rates for the Subject Land for the past 15 years.
Review any encumbrances on the Subject Land and if 30 years non-use or extinguishment can be established, attempt to obtain the documentation and evidence for the removal of the encumbrance.
Stage 3
Lodge Documentation
Obtain the lodging fees from the Applicant – link to forms, fees and guides.
Lodge the Application in SPEAR once all evidence and documentation has been finalised. The Application will sit in line awaiting examination by the Land Registry – link to timeframe.
Stage 4
Examination
Attend to requisitions (if any) and formal requisitions which involves the Applicant posting an A3 Notice on the Property for 30 days notifying neighbours of adverse possession claim with a statutory declaration. At this stage the owner of the subject land will be notified of application and must lodge caveat if it is contesting the application.
If there is no objection to the Application, it is registered and a separate title is created for the Subject Land adversely possessed.
Stage 5
Post Registration
Duty may be payable on the market value of the Subject Land pursuant to section 7(1)(b)(iii) of the Duties Act 2000 (Vic) and this will be payable post registration.
Send a notice of acquisition to Council (if required) of the Subject Land now in the Applicant’s ownership.
bottom of page