Property & Development

Adverse Possession

Guiding you through the process of making a claim, or challenging an Adverse Possession claim that has been made on your land.

Make an enquiry or call us on 03 5273 5273

Adverse Possession Lawyers Geelong & Melbourne

The Coulter Legal Property & Development team can guide you through the process of making a claim, or challenging an Adverse Possession claim that has been made on your land. 

What is Adverse Possession?

Essentially, Adverse Possession allows a person to claim title to land that is not owned by them. It occurs where a person has had exclusive possession of land for a period of 15 years without the consent of its true owner. For a claim to be eligible, the land must have been possessed exclusively by the person making the claim and not be of shared or communal interest.

When does Adverse Possession arise?

Commonly, Adverse Possession arises in instances where fences or buildings encroach over a title boundary, or where someone has fenced off and used areas of land that do not belong to them. It can also be applicable when a property has been sold, but it is then brought to the vendor’s or purchaser’s attention that the physical boundaries do not match the title boundaries. It is important to obtain legal advice to ensure that appropriate steps are taken in order to secure your adverse possession rights, or to prevent a person or neighbour from claiming your land.

How do I claim a title through Adverse Possession?

Coulter Legal can assist you with applications made to Land Use Victoria, or the courts for an order vesting title to the adversely possessed land in the applicant. The type of application used and the approach taken will depend on the unique circumstances of each case. Accordingly, it is recommended that you seek the advice of one of our lawyers if you believe that you may have a claim for Adverse Possession, or if a claim has been made against your land.

We understand that each application turns on its own unique circumstances and we tailor our advice with this in mind in order to meet your objectives. Whether you are seeking to make an Adverse Possession claim or have received notice of an Adverse Possession claim which will impact your property, we can review your individual circumstances and provide you with advice on the likelihood of success of any claim. We can also assist with drafting and lodging the necessary applications to either make a claim for Adverse Possession, or defend a claim that has been made against your land.

Frequently Asked Questions

It is still possible to make a claim over land that you have not possessed in your own personal right for 15 years or more. In these instances, a Deed of Assignment of Possessory Right can be used to show that possession of the land has been transferred to you by other persons who have possessed the land for a period sufficient to satisfy the 15-year threshold.

Our Property & Development team have extensive experience in drafting and preparing Deeds of Assignment of Possessory Right and can assist you in establishing the ‘chain of possession’ capable of satisfying the 15-year requirement for adverse possession.

The type of application that a person has lodged will usually dictate how the claim is defended. In any event, if someone has lodged a claim against your land, you will receive a notice from Land Use Victoria, the Magistrates Court of Victoria or the claimant’s lawyer.

If you receive a notice setting out that someone is claiming title to your land via possession, it is extremely important to seek urgent legal advice.

If the notice comes from the Office of Land Titles, the claim can be defended via lodging a caveat against the certificate of title for the claimed land. This then notifies the Land Use Victoria that you intend on defending the claim. It is extremely important that you seek URGENT legal advice if you receive a notice in the mail. There is usually only a 30 day timeframe in which a caveat can be lodged before an order is made. If a caveat is not lodged within the 30-day time frame, you will have to apply to the County Court of Victoria to defend the claim.

If you receive a notice from the Magistrates Court, you will need the assistance of a lawyer to file your defence or counter claim. There are various time constraints surrounding the filing of defences and counter claims and therefore it is recommended that you seek urgent legal advice if you receive a notice from the Magistrates Court of Victoria.

It is not possible to claim adverse possession over any of the following types of land:

  • Roads or footpaths
  • Railways or land owned by a rail corporation
  • Any land owned by a water authority
  • Common property owned by an Owners Corporation (formerly known as a body corporate)
  • Crown Land
  • Land owned by a local council
  • Parks and reserves
  • State forests or National parks

Obtaining legal advice is crucial if you intend on lodging or defending a claim for adverse possession. There are a range of different applications available, depending on the circumstances of the intended claim. It is therefore important that you seek the advice of a lawyer to ensure that the correct application is lodged.

In addition to the above, extensive legal documentation is required to establish evidence of possession. In most instances, a series of statutory declarations are required from the applicant and at least two (2) dis-interested witnesses.  Based on the complexity of evidence required to prove adverse possession, it is important to seek legal assistance to ensure that your application reaches the evidentiary burden required for a successful claim.

In the instance that you intend on defending a claim, it is important that you seek the advice of a lawyer to ensure that a caveat is lodged in time and/or a defence filed in the relevant court.

In some instances, it may be necessary to go to Court. If you have lodged a claim and it becomes contested at the County Court of Victoria, you shall be required to attend Court and give evidence in support of your claim. Alternatively, if you choose to defend a claim via seeking an order of the County Court, you will need to attend Court to give evidence on why adverse possession should not be allowed.

In some instances, adverse possession can be claimed in conjunction with a fencing dispute at the Magistrates Court of Victoria. Similar to the above, you may be required to attend Court in this instance to give evidence either in support of or against the claim for adverse possession.

4.8
Based on 211 reviews
powered by Google
Samantha Leeson
12:13 09 Apr 25
I recently worked with Satbir & Cooper from Coulter Legal, and I couldn’t be happier with their service. They were not only professional and efficient, but they were incredibly supportive throughout the entire process. I would highly recommend them to anyone in need of legal assistance.
Sarah Mahar
03:30 02 Apr 25
Sophie at Coulter Legal made the whole process of buying my first home a lot less stressful. I had quite a quick settlement date and she was on the ball with getting everything processed quickly and to a high standard making sure I had everything I needed by the settlement date. I highly recommend Coulter Legal!
Arpitha Ravindra
12:43 31 Mar 25
I wanted to take a moment to express my heartfelt gratitude to Satbir and his incredible support, dedication, and expertise throughout my legal matter.From the very beginning, Satbir handled my case with such Professionalism, patience, and keen attention to detail made all the difference in navigating this complex situation. Not only did he provide excellent legal guidance, but his reassurance and understanding also gave me the confidence and peace of mind I needed during a stressful time. Knowing I had him on my side made all the difference.I truly appreciate the time and effort that Satbir put into my case, and I will always be grateful for his hard work and commitment. It has been a privilege to have Satbir as my lawyer, and I will not hesitate to recommend your services to anyone in need of exceptional legal representation.Once again, thank you for everything Satbir. Wishing you continued success and all the best in the future!
Ismail Rahimi
02:31 28 Mar 25
I recently engaged Satbir and Jade from Coulter Legal for assistance with a family law matter. Their professionalism, attention to detail, and compassionate approach were evident from the outset. They provided clear, practical advice and maintained consistent communication, which helped me navigate a very challenging time with confidence. I’m truly grateful for their support and would highly recommend their services to anyone seeking expert guidance in family law.
Kerrie Bajc
10:51 22 Mar 25
I would without any hesitation highly recommend Satbir Singh and Stacey Pearse to handle any family law matters that anyone may have. When I first rang Coulter Legal and spoke with Phoebe it was her that recommended Satbir to me. I was anxious at the start but with Satbir's experience and amazing ability to read people's behaviour I felt completely at ease with him. And I made it very clear to Satbir I was putting my trust into him. My settlement was done in record time and Satbir and Stacey never let me down. Job well done...thankyou! Kerrie Blyszczak
Lauren Kavenagh
10:51 10 Mar 25
Satbir and Jade provided incredible support, guidance and clarity whilst navigating my legal issues. They were very communicative, reliable and so efficient with every aspect - I couldn’t have asked for a smoother process and better outcome. Thank you Satbir and Jade, I’ll be forever thankful ☺️
Merryn & Sam Fedke
01:50 13 Feb 25
Satbir & Stacey were recommended by a personal friend, and they absolutely exceeded any expectations that we had going into this process. They were incredibly professional, empathetic and compassionate during an exhausting and tumultous period in our lives. Their attention to detail, willingness to go above and beyond, and timely responses to all forms of communication made an incredibly stressful process much less taxing, and we are incredibly grateful for their expertise, composure and advice with our matter. Their ability to provide tailored reflections and expert advice based on our personal experience and situation was invaluable, and their professional and measured approach to their fee structure is also something that we greatly appreciated. We would not hesitate to use them in future, and highly recommend them for anyone seeking legal advice in any aspect of Family Law. Thankyou again Satbir & Stacey.
Cynthia Rigo
02:42 11 Feb 25
I highly recommend Cooper Brown at Coulter Legal Geelong to anyone considering litigation. I recently used their services and can attest to his utmost professionalism shown throughout the whole process. During this emotional time, I felt completely supported and was satisfied with the outcome.
G L
02:57 23 Dec 24
What can I say4 years later and my matter has finally resolved.Although not a complex case a very difficult and complex other party. Although I have had a few changes in counsel during my journey, I can say I always felt supported and I was very pleased to be partnered with Satbir for the final stretch of my journey.Satbir was always available and fully understood the complexity of the character we were dealing with.Satbir went above and beyond and was really dedicated to achieving finality to this matter.I would not hesitate to recommend him in any Family Law matter.
alexander ritchie
13:13 19 Dec 24
Handled my case promptly and efficiently. 'You get what you pay for ' once again proves to be correct. Thanks Satbir for your thorough knowledge and personal approach.
Madeleine Williams
20:58 18 Dec 24
Satbir and Stacey helped me through a very challenging year. They were highly responsive, calm and comprehensive in their advice. I was happy with the outcome in my financial agreement in a difficult case. Thank you very much.
Wang Carter
11:22 17 Dec 24
Thank you for your help with my legal matter, I am deeply grateful for your time and expertise. I am very blessed for having Jade Hovey and Brigid Trewhella​​​​ as my attorneys, they were so understanding and masterful, thank you so much for everything!
Jatinder Kumar
11:52 15 Dec 24
Satbir is gem of a person. He knows what he does, anyone looking for Intervention or Family matters must go with him. Thank you for all your help with my case. Your guidance has been invaluable, and I really appreciate the effort you've put in. Pure soul ‘God bless you’Thanks again for everything!
Michael Podbury
07:37 17 Nov 24
Coulter Haiku:A perplexed laymanAlthough a simple matterAdvice was required.Satbir and CooperProfessional, friendly, promptHope is restored.Matter resolved fastA new return customerHighly recommend
Jason C
09:33 13 Nov 24
Satbir, with Cooper’s support, has been incredibly understanding and supportive throughout my complex case. Their strategic approach, coupled with constant follow-ups and negotiations to resolve parenting and financial matters while keeping me informed, has been invaluable. Thank you for your assistance during this very challenging time.
The Pug Influencer
22:29 03 Nov 24
Lawyers with real love and empathy, who would have thought it was even possible to find such a firm? Coulter Legal ticked all the caring boxes for our family's dispute. We Highly recommend their services.
melissa westlake
22:01 05 Sep 24
Nicole and Ember were amazing with their advice and guidance through my experience of separation, not once did I feel that I could not contact them or second guess the advice that they gave me. I would highly recommend Nicole to anybody that is in the same situation in future. Everybody that we dealt with at Coulter Legal were so professional and would always welcome you with a warm greeting. Thanks again Mel
Pritham Singh
09:12 04 Sep 24
Jaspreet Jazzkaur
08:42 04 Sep 24
I'm grateful for Satbir's assistance in obtaining custody of my child. Satbir is an exceptional family court lawyerIf you're experiencing a similar issue, I highly recommend seeking Satbir's Expertise
Amy Lezala
03:32 19 Aug 24
I used Coulter for my estate documentation. Senior Associate, Priya Silwaraju, assisted me with drafting my Will and Executor documents. She is knowledgeable and gave helpful advice, making a daunting process extremely easy.

Get in touch with us today

If your require any further information please contact our Property & Development team.