Can adverse possession claims arise from neighbor boundary disputes in Australia?

What the Law Says

Adverse possession in Australia is governed by state and territory legislation, not common law alone. It allows a person who occupies land without consent — but openly, continuously, and exclusively — to potentially acquire legal title after meeting statutory time limits.

Each Australian jurisdiction sets its own limitation period: New South Wales and Victoria require 12 years under the Real Property Act 1900 (NSW) s 45D and the Transfer of Land Act 1958 (Vic) s 42, while Western Australia and Queensland require 12 years under the Limitation Act 1935 (WA) s 34 and the Limitation of Actions Act 1974 (Qld) s 13. The Northern Territory and Tasmania also apply 12-year periods, whereas South Australia requires 15 years under the Limitation of Actions Act 1936 (SA) s 4(1)(a).

To succeed, the claimant must prove factual possession — meaning physical control akin to an owner — without permission, without secrecy, and without dispute during the full statutory period. Mere encroachment (e.g., a fence slightly over the line) rarely satisfies this unless accompanied by long-standing, unchallenged use like gardening, paving, or building.

Courts also consider whether the true owner acquiesced or abandoned rights. As held in *Farrell v Cheshire County Council* [1972] 1 QB 252 (applied in *Hill v Van Erp* (1997) 142 ALR 657), mere non-assertion of rights isn’t enough — the claimant’s possession must be hostile, visible, and unequivocal.

Statutory Text

No action shall be brought to recover any land after the expiration of twelve years from the date on which the right of action accrued.

— Limitation of Actions Act 1974 (Qld) s 13(1)

What to Do

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