ADVERSE POSSESSION VALUATIONS
We are leaders in the highly specialised field of adverse posession property valuations, and have been providing these valuations for over 15 years.
Melbourne Property Valuations specialise in the valuation of a wide range of property types for adverse possesion.
Typical instructions include the valuation of land running parallel to the boundary of a property where the fenceline has been in place for a large number of years. At some stage an owner of the property realises that the title boundary and fenceline do not match, and there is either an issue that needs to be resolved, or opportunity to obtain that land via an advsere posession claim.
In many instances the land being aquired is a small parcel with a nominal value.
In Victoria the minimum term that you have had to continously occupy the land is fifteen years, and the legal owner of the land has the right at any time to eject them from the property, or take back control of the property over that period.
If you wish to claim ownership of the land you will have to prove continous and exclusive use of the subject land, and your use of the property must be open and not acquired by force.
If you are undertaking an adverse posession claim you may also neeed to acquire a property valuation for the purposes of stamp duty.
An application to acquire the land is made under Section 60 of the Transfer of Land Act. It should noted that you cannot claim advsere posession of crown land, land owned by an authority.
If you have any questions in regards to an adverse poession valuation feel free to contact us for expert advice.