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Property & Development

Adverse Possession

Advice and practical guidance around your legal rights and obligations in cases of adverse possession and pursuing or defending an adverse possession application.

As adverse possession claims can be complicated it is critical to obtain advice from a lawyer experienced in these matters as the loss of value of your property can be significant

Whilst adverse possession applications are procedural by nature, they involve gathering evidentiary material to prove your claim. It can be costly if you get it wrong. It can be costly if you fail to defend a claim where you have rights.

Burke & Associates Lawyers can provide expert advice on whether you are likely to have a successful claim for adverse possession, make application on your behalf or defend an application made in respect of your land.

Adverse possession claims most commonly arise in circumstances where a fence or the structure of a building is not aligned with the title boundary but can also occur in many other instances such as where an old laneway or road is no longer used.

Considering the complex nature of the claim, it is always advisable to approach a legal expert for preparing or defending an adverse possession claim.

Kristy Muhlhan, our Principal and head of Property and Property Development Team has successfully acted in many adverse possession claims.

Please contact her to have a ‘no-obligation’ discussion about your potential adverse possession matter.

Our Experience resolving cases of adverse possession

  • Application for a vesting order by possession pursuant to section 60 Transfer of Land Act 1958 (adverse possession claim)
  • Application to correct error in Title pursuant to section 103 Transfer of Land Act 1958
  • Application by proprietor to amend Title pursuant to section 99 Transfer of Land Act 1958
  • Removal of carriageway and road encumbrances
  • Plans of subdivision
  • Owners corporation claims
  • County Court and Supreme Court claims – Transfer of Land Act 1958
  • Magistrates Court claims – Fences Act 1968
  • Advice on Fences Act 1968
  • Boundary disputes

Our Adverse Possession Lawyers

Kristy Muhlhan

Principal

Kristy Muhlhan

Principal
LL.B (HONS) GRAD DIP. L.P., GAICD.
Since 2014, she has been a part owner and director of the firm and has mastered a broad range of essential commercial and business skills which go hand in hand with the work she does...

Annabel Viner

Special Counsel

Annabel Viner

Special Counsel
Annabel leads the planning practice within the Property and Planning Team at Burke & Associates Lawyers.

Stewart Davis

Lawyer

Stewart Davis

Lawyer
As well as property law, Stewart has had exposure to VACT administration matters and commercial law, particularly servicing developer clients.

Peter Hall

Lawyer

Peter Hall

Lawyer
Peter deals mainly with both residential and commercial conveyancing, and leasing agreements.
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