How Can I Prove Continuous Possession for an Adverse Possession Claim?

You’ve possessed a property for decades, and you’d like to claim it. With adverse possession WA, the title of the property gets transferred to you if you have continuously and exclusively occupied it for a long period of time.

Establishing continuous possession, however, is very important and will help speed up the claim process. This process can be legally complex, making it essential to consult experienced lawyers specialising in adverse possession to navigate the legal requirements effectively.

In this guide, we’ll break down the key elements required to prove continuous possession for an adverse possession claim and how property lawyers can assist you.

Understanding Adverse Possession in Western Australia

Adverse possession is a rule of law that gives one the entitlement to take possession of property that he has possessed without the permission of the owner. He may claim an interest in Western Australia if he has held land for 12 years or more, undispossessed and without leave from the lawful owner. This is such a complex process that many people hire property lawyers in Perth WA, to help them navigate the legal formalities.

In order to succeed in an action of adverse possession claim, claimants must prove:

• Continuous and exclusive possession
• Open and notorious use of land
• Hostile possession (without permission from the owner)

The Key Points to Prove Continuous Possession

Continuous possession is the backbone of a successful claim of adverse possession in Western Australia. The key points are as follows:

1. Physical Possession of the Land

You must prove that you have had the land in a manner that a rightful owner would be accustomed to. This may involve:

• Building upon or erecting fences
• Possession and cultivation of the land
• Employment upon or employing it in trade

Evidence, such as photos, bills of sale, and eyewitnesses, may be helpful in establishing possession.

2. Exclusive Possession

There should be an exclusive possession, which means that no one else, even the legal owner. If anyone else other than you has used the land, then your claim will be weakened.

3. Continuous and Uninterrupted Use

Possession has to be continuous for the required 12-year period. If you keep the land vacant for long periods or allow the owner to occupy it again, the 12-year clock begins running again, and you lose your claim.

• Evidence in favour of proof
• Utility bills
• Records of maintenance on the property
• Lease agreements (if any)

4. No Permission of the Legal Owner

For adverse possession, you should be in possession of the land without the consent of the owner. If there has been permission from the owner to occupy land either in writing or verbally, for instance, in a lease or license agreement, your case will fail. In these complex cases, taking the help of adverse possession lawyers in Perth can be really helpful.

5. Open and Obvious Possession

Your claim on the property must be public and open in a manner that the legal owner will likely have notice of. Your claim on the property must never be concealed or secret. If your claim on the property is secret or hidden, it won’t meet the legal criteria.

How Can a Property Lawyer in Perth Help?

Working on a Western Australia adverse possession matter is best done under the advice of experienced property lawyers in Perth. These professionals will guide you in several ways:

• Evaluating Your Case: An adverse possession lawyer will look into your case and advise you regarding whether or not you are qualified by law.
• Compilation of Evidence: Your lawyer will assist you in compiling documents, witness evidence testimony, and expert evidence to use in making a presentation of your case.
• Submission of Your Application: You are statutorily obliged to apply with Landgate, and your adverse possession claims lawyer can prepare it on your behalf.
• Resolving Disputes: In case the legal owner contests your claim, a property claims lawyer will act on your behalf to take the case to court and assert your rights.

Steps to Strengthen Your Adverse Possession Claim

If you’re considering making an adverse possession claim, follow these steps to strengthen your case:

1. Document Everything – Maintain comprehensive records, including photos, receipts, and possession-establishing affidavits.
2. Build Fencing or Barriers – It is evidence of physical possession of the property.
3. Timber-bill Payments – Payment of bills, rates, or taxes may be admissible in evidence.
4. Get Declarations from Witnesses – Roommates or residents in the local area can declare continued possession under oath.
5. Get the Opinion of a Property Lawyer – The individual can seek advice from the best property lawyer in Perth regarding issues of law and avoid expensive mistakes.

Legal Process for Filing an Adverse Possession Claim

1. Arrange Evidence – Gather all evidence records that are documentation of continuous possession.
2. Register with Landgate – Legally submit to change hands.
3. Notify Interested Parties – Notify the owner and interested parties.
4. Wait for Review by Law – Landgate and law authorities will review the application.
5. Resolve Disputes if the need arises – If a dispute occurs, a court will have to decide the case.

Take the help of a good property lawyer in Perth to streamline the whole process.

Conclusion

Proving continued possession is important in an adverse possession case. The best adverse possession lawyers will provide you with compliance with provisions made by statute, professionally document possession, and advise you, strengthening your case. If you wish to claim adverse possession, get professional assistance and request the services of a specialist adverse possession claims lawyer today.

For professional advice, ring the best Perth property lawyers and begin your legal journey to homeownership from tenancy!