Adverse possession is a legal concept that can have a significant impact on property ownership, particularly in cases where boundaries are unclear or disputed. In Australia, adverse possession allows a person to claim ownership of land they have occupied without the permission of the original owner for a set period. However, understanding the intricacies of this legal principle can be challenging, and that’s where licensed surveyors play a crucial role.
What is Adverse Possession and How Does it Work?
Adverse possession occurs when someone occupies land without the owner’s consent, intending to claim it as their own. In Australia, the occupier must meet key conditions: continuous use (typically 12 years), exclusive control, and open, visible occupation.
Once the statutory period has passed, the squatter can apply to the relevant land titles office to claim ownership. This claim can often lead to disputes, especially when property boundaries are not clearly defined.
How Surveying Resolves Property Boundary Disputes in Adverse Possession Claims?
Surveying plays a crucial role in resolving property boundary disputes, especially in cases involving adverse possession claims. Here’s how it works:
- Defining the Legal Boundary
Surveying provides an accurate, professional measurement of property boundaries. In cases of adverse possession, where someone may claim ownership through continuous and overt use, a property survey establishes the exact legal boundary. This can help determine whether the claimant’s use of the land actually falls within the legal property confines.
- Resolving Ambiguities in Boundary Lines
Many property disputes arise when boundary lines are unclear or open to interpretation. Property surveyors Perth can clarify these ambiguities, providing a precise measurement of property lines. This is particularly important in adverse possession cases, where the exact location of boundaries determines the validity of a claim.
- Documenting Evidence for Legal Action
Surveyors create official documents, such as survey plats, that detail boundary lines, landmarks, and markers. These documents serve as legal evidence in court, either confirming or disputing the claim of adverse possession.
- Determining the Extent of Use
Adverse possession requires the claimant to show they have openly, continuously, and exclusively used the property. Surveying helps establish which parts of the land were actually used and whether they correspond to the boundary lines claimed by the adverse possessor.
- Assessing Encroachments
A land surveyor in Perth can identify any encroachments, such as a fence or structure built on land not owned by the claimant. This is important in adverse possession claims, as encroachments could undermine the validity of the claim if the person has used land outside the legal boundary.
- Providing a Neutral, Expert Opinion
Surveyors are impartial professionals who offer objective, expert evaluations of boundary lines and land use. Their testimony helps settle disputes fairly, which is especially important in legal cases where the outcomes can significantly affect property rights.
- Contour Surveys for Topographical Clarity
In some cases, a contour survey Perth may be required to better understand the lay of the land. These surveys provide detailed information about the topography, which can play a significant role in boundary disputes, especially when the land’s elevation or slope impacts the use or ownership of the property.
Adverse possession can be a complex and contentious process, especially when property boundaries are not clear. Whether you’re involved in an adverse possession claim or simply need clarity on property boundaries, consulting a survey expert is essential.
The author is an experienced surveyor in Perth, providing precise and reliable surveying solutions tailored to meet the needs of residential, commercial, and infrastructure projects. Visit https://lpdsurveys.com.au/ for more details.
