Peter Gauld, the principal of Gauld & Co., Solicitors, has more than 40 years’ experience advising and acting in adverse possession matters. Adverse possession is now his principal area of practice.
Adverse possession is a relatively complex area of the law.
This website is devoted specifically to the firm’s work in adverse possession and related boundary dispute matters in Victoria.
Experience in adverse possession
Adverse possession matters can range from relatively straightforward applications to the Titles Office (the majority of applications) through to complex boundary disputes and contested court proceedings.
Peter Gauld has acted over many years in matters involving:
- applications to the Registrar of Titles under section 60 of the Transfer of Land Act 1958
- claims involving possession by present and former owners
- disputed boundaries revealed by surveys
- adverse possession issues arising in fencing disputes
- Magistrates’ Court proceedings under the Fences Act 1968
- defending adverse possession claims
- County Court and Supreme Court proceedings
- requisitions and evidentiary issues arising in Titles Office applications; and
- negotiated boundary solutions, including NICO plans.
The firm acts both for persons seeking to establish title by adverse possession and for registered proprietors whose land is affected by a claim.
Our approach
Adverse possession cases are highly dependent upon their particular facts and evidence.
An important part of our work is therefore to investigate the history of the land before unnecessary expense is incurred.
For example, where an applicant needs to rely upon possession by previous owners to establish the required 15-year period, it is important to determine at an early stage whether the necessary evidence and documentation from those prior possessors can actually be obtained.
Similarly, where a person wishes to resist an adverse possession claim, the first task is usually to determine whether there is some identifiable weakness in the claimant’s possession or evidence before expensive objection or court procedures are commenced.
Our approach is to identify these issues as early as possible and to advise upon the most practical method of dealing with the matter.
Working with surveyors
Surveying evidence is central to adverse possession claims.
We regularly work with licensed surveyors in identifying the title boundary, the existing occupation of the land and the precise parcel which may be affected by an adverse possession claim.
The surveyor establishes the physical and surveyed position. The legal work then involves considering the history and legal effect of the possession.
Victorian adverse possession matters
Gauld & Co., Solicitors advises on adverse possession and related boundary matters throughout Victoria.
We do not act in other States.
Some matters can be dealt with entirely through the Titles Office process. Others require negotiation between adjoining owners, Magistrates’ Court proceedings or, occasionally, proceedings in the County Court or Supreme Court.
The appropriate course depends upon the particular facts, the available evidence and the importance of the land involved.
Contact us
If you are considering an adverse possession claim, have received notice of a claim affecting your land, or have discovered a discrepancy between an existing boundary and the title boundary, you are welcome to contact Gauld & Co., Solicitors to discuss the matter.
We provide initial advice to establish whether a claim, or defence to a claim, may be possible, without obligation.
