Question 1

4.1 – Requisitions

Accepted Answer

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.

Question 2

4.2 – Registration

Accepted Answer

If there is no objection to the Application, it is registered and a separate title is created for the Subject Land adversely possessed.

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Section 60 TLA

Adverse Possession

Stage 1

Assessment/ Establishment of Claim

1.1 – Timeframe

1.2 – Prohibitions

1.3 – Disqualifications

1.4 – Inspection

1.5 – Possession

1.6 – Alternatives

1.7 – Encumbrances

Stage 2

Obtain Evidence

2.1 – Survey documentation

2.2 – Deed of Assignment

2.3 – Statutory Declaration

2.4 – Council evidence

2.5 – Encumbrance evidence

Stage 3

Lodge Documentation

3.1 – Obtain fees

3.2 – SPEAR application

Stage 4

Examination

4.1 – Requisitions

4.2 – Registration

Stage 5

Post Registration

5.1 – Duty implications

5.2 – Update Council records