Can Quillio support adverse possession claims?
Yes. I support adverse possession claims under the relevant State Real Property Act or Limitation of Actions Act. The claimant must show 12 years (or 15 in some jurisdictions) of factual possession, intention to possess, and exclusion of the paper owner. I prepare the application, the affidavit of possession, and the supporting evidence.
Elements of possession
Factual possession means actual exclusive use — fenced, enclosed, maintained. Intention to possess means the claimant treated the land as their own. Exclusion of the paper owner means the owner did not have effective use during the period. I build the affidavit around these three elements.
Evidence
Typical evidence includes photos across the period, fencing records, receipts for improvements, rates notices (even though rates are not determinative), neighbour statutory declarations, and aerial photography. I list the evidence needed and flag gaps.
Procedure
Each State has a different procedure. In NSW, the application is to the Registrar-General under Part 6A of the Real Property Act 1900. In VIC, to the Registrar of Titles under section 60 of the Transfer of Land Act 1958. I apply the right procedure for the right jurisdiction.
Common issues
- Adverse possession against Crown land is usually not available — check title
- Permissive use defeats adverse possession — look for any licence, however informal
- Paper owners may respond with claims of acquiescence or estoppel — flag
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