There are several instances arising when the licensed property surveyors solve the problems using the adverse possession survey. So what is adverse possession? Adverse possession is defined as the set of laws stating a person possessing a property they are not owning might have the legal right to claim the particular land after a particular time period. In Perth, when a person applies for adverse possession should have had exclusive and uninterrupted possession of the very land or property for a minimum of 15 years.
Now Let Us Learn Something about Adverse Possession Survey
- Necessary for applying for the Adverse Possession of Land
- Used for correcting the title boundary and the respective ownership
- The matter is common with the urban and rural lands
These instances need the services of qualified property surveyors from the distinguished surveying company in Perth to conduct a survey. They use the survey for assessing the potential related to the adverse possession needs for being completed that favor both the parties to be adequately informed regarding their legal possessions.
As the survey is completed, the property surveyors use them for correcting the title boundary through The Development of Primary Industries and Regional Development for Perth, Western Australia and referring to the rules and regulations of the Transfer of Land Act. In case, the particular property or the land holds any dispute, then the survey will be determining the rightful owner, that even includes the necessity of ownership transfer, through adverse possession.
There are often disputed boundaries pertaining to the rural land ownership, and adverse possession is likely to be worth a thousand dollars since several acres are involved at a minimum. That is why it is recommended to write down the notes related to the real estate agency advertisement at the time of buying rural land. If it is saying an approximate count of acres, then it is for sure that a title boundary survey has not been done earlier.
Why is the Adverse Possession Survey Needed?
- For solving disputes
- For correcting errors
- For gaining ownership of land that has been occupied
With the help of the adverse possession survey, the property surveyors can solve the prevailing disputes and even prevent them to come up in the future. The adverse possession is specifically important when the landowners have to prevent the negative possessions by drawing a contract up likely to be as simple as some sentences both the parties have signed.
A simple contract is able to prevent the costs involved in moving the fences and even the buildings possibly to be in an incorrect situation. According to the contract, there is no need for correcting the errors on the land or property till both the parties have agreed.
The rural areas are the places that are usually and highly affected by such adverse possession claims. Frequently, the fences are placed in the incorrect spots, the farmers are often trying to look for easy solutions to suit themselves and their neighbors. Despite the fence being knowingly placed in the wrong place, the adverse possessions claims will have to be made after 15 years, only if there are no written contracts available.
The old titles are often brought up at the claims related to adverse possessions as the titles are generally out by 0.5 to 2 meters on each respective side. Often if one claim is made, then it sparks a chain of reactions since the neighbors will seek to get the title rectified as per their benefit.
How to Fix the Issues Using the Adverse Possession Survey?
- Surely, speak to a licensed property surveyor
- Understand the adverse possession can be triggered only after 15 years.
- Keep in mind you might need a lawyer.
No adverse possessions can ever be made against the Crown, land owned by Council and the land the other authorities own. These are legally complex cases and definitely need a licensed property surveyor who is qualified to help you in understanding the process. Involving the other party is equally important for them to be aware of their very rights and responsibilities. Since the adverse possessions are triggered only after 15 years, so it is important to retain a written agreement in place with the neighbors. A lawyer is not needed for drawing up the contract, but a lawyer should be hired for the actual adverse possession claim. Whatever be the case, surely take the guidance of your property surveyors.
