Adverse Possession of land

an interesting conundrum developed recently where a farmer lost legal possession to an area of farmland in the south west of WA because he had not asserted his right to this parcel of land that had been inadvertently farmed by his neighbor for longer than the 12 year limit. Basically a fence line was incorrect and no-one did anything about it until the neighbor filed a claim under the adverse possession terms of the WA law. The ‘squatter’ was successful!

This can also happen in residential situations where fence lines are wrongly surveyed.

The take home message from this issue is to get quality legal advice before the expiration of 12 years so the solicitor can determine your legal position. To do nothing is not a good option…..