Disclaimer: The name in this video have been changed due to privacy reasons. This case is based on real-life experience.
John owns a piece of land in Victoria. He never visits the property due to his hectic schedule.
David, who lives next door, began utilising the field to graze livestock and has continued to do so for more than 15 years.
Without any financial input from John, David employed various activities to demonstrate his intention of the land, such as the installation of a gate and the maintenance of the farm’s fences.
David filed an adverse possession claim, and he demonstrated in court that he used the land in a way that fit their requirements and circumstances, and that all of the acts were sufficient to show the essential purpose to exclusively possess.
What can be done to avoid adverse possession?
It is critical that you utilise your right as a property owner. If you are inactive for 15 years, you may lose your property. To demonstrate “steps to regain land,” methods such as changing locks, installing fences, or entering into a contract if lending property on lease can be used.
Thus, these cases require special attention and innovative legal solution.