Adverse possession is defined as the laws, that states the person having possession of the property but does not own it, so they might not have a legal right over claiming the land once a particular time period is over. In Perth, when a person applies for adverse possession, then he/she should have had exclusive and uninterrupted possession of that very land for a minimum of 15 years.
So, what is denoted by adverse possession survey?
- Need to apply for the adverse possession of the land
- Used for correcting the title boundary as well as ownership
- Common to both urban and rural land.
A survey to be conducted for assessing the potentialities for adverse possession has to be completed for the betterment of both parties. Both must be adequately informed regarding their legal positions.
Once the entire survey is done, it serves as a good help for correcting the title boundary with the help of the land use rights in Perth and by abiding by the Transfer of Land Act.
During the survey, if the site surveyor finds a disputed piece of land, the conducted survey will determine who the rightful owner will be. Transfer of ownership is even a necessity by means of adverse possession.
The site survey companies have the responsibility to conduct the survey both for rural and urban land ownership. While surveying, it is often seen that disputed boundaries are more for the rural land ownership, and the adverse possessions could be of thousand dollars due to several acres are involved. Thus, professional surveyors normally recommend to note down the real estate agency advertisement, as it will indicate the title boundary survey has not been conducted if the advertisement says of approximate acre measures.
Why is the Adverse Possession Done?
The site survey companies carry out the adverse possession for
- Solving disputes
- Correcting errors
- Gaining the Land Ownership for the clients, which they had been occupying.
Adverse possession is needed for solving the existing disputes and also to stop further disputes from coming up in the future. It is highly important when the landowners have to prevent adverse possession by creating a contract containing a few sentences. The contract is even signed by both parties.
A contract could prevent the expenses of moving fences and even the buildings, which could have been wrongly situated. The contract does not require correcting the land errors as long as both the parties have an agreement between them.
Adverse possession claims are high in the rural areas, where the fences are placed in the wrong spots and the farmers try to find out easy solutions for themselves and even for the neighbours. Even when the fences are placed wrongly with full knowledge, then the adverse possession claims could be made right after fifteen years, provided there are no written contacts signed.
The old titles are often the focus of adverse possession claims since the titles are normally out by 0.5 – 2 meters on both sides. Frequently, one claim ignites a chain reaction since the neighbours want to rectify the title to their own benefit.
How are the Issues Fixed with the Adverse Possession Survey?
To set the things right, you have to:
- Speak to the surveyor
- Understand that the adverse possession will be triggered only after 15 years
The adverse possession claims which cannot be made against the council-owned land, land owned, and the other authorities, then they are legally complex. In these cases, a licensed land surveyor is a must as a guide to understanding the entire process. Both parties must be involved so everyone is aware of all their rights and responsibilities.
Since the adverse possession is initiated after fifteen years, so it is crucial to have a written document done with the neighbour. Although a lawyer is not needed for drawing up a contract yet a lawyer is a must for claiming the actual adverse possession. For the remaining, the surveyors are always there to help.
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