I've just inherited a farming property near Bega in NSW and I'm having the boundaries re-done with the hope of sub-dividing or selling part of the property. One of our neighbours has a shearer's quarters that they've been using for years and it is on part of my property. It has been there since my dad owned the land. That's over 20 years. Is there anything I can do?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by LegalEagle™ staff, Forbes 2871 NSW.
- If the building or encroachment has been in existence for more than 12 years then the principle of adverse possession may apply. The principle of adverse possession states that if a person has occupied all or part of a parcel of land that does not belong to them for a long time that person may be able to claim ownership of that land.
- In NSW you can only claim adverse possession over Torrens Title properties and your claim must be for the entire piece of land. Adverse possession is not available for any parcel of Crown Land.
- You may wish to discuss your plans to sell with your neighbour and see what they think. You might find that they already know that the shearer's shed is on your land and would be happy to return that land to you by demolishing the shed. Alternatively they may ask you to sell them a portion of your land and move your boundaries so that the shearing shed is entirely on land they own. Given that they are not claiming possession over a whole parcel of land it will be difficult for them to prove adverse possession.
- However the law regarding adverse possession is complex and highly technical. It is recommended that you seek legal advice in relation to any potential claims your neighbour may have so that you fully understand your legal position before you begin negotiating.