Adverse possession is a way to gain control of the property by using it for the long term without paying for it. Many property owners come to adverse possession lawyers in Melbourne when another occupies their undeveloped land without their knowledge. The professionals would find all the details and try to find an ideal solution so that their client benefits from the deal.
In this case, possession refers to physical control of the property. To get a correct picture, the lawyers may seek the help of a private building surveyor in Melbourne. In some instances, a fake owner takes control of property, an abandoned building that has been shattered for a long. Even if the individual takes physical possession, the owner would have the legal title.
For a person to have adverse possession over a property, the individual need to:
Act as the valid owner, maintain the property and pay taxes
Behave like the actual owner
Use the property without the land’s legal owner
Paying no rent
Use the property for a period of ten to twenty years
One should understand that the rules would differ with each state. A professional in the field would have a clear understanding of the rules and guide the client.
The actual owner needs to understand that it does not matter what the possessor believes about the property. The court could or not grant possession of the legal title. The court would not consider the possessor’s belief, and it would not affect the judgment.
The state may give possession to the possessor only if it believes the property belongs to the possessor. The state would not provide the legal title if the possessor intentionally set out to deprive the valid owner of the property. It is the responsibility of both parties to prove their claim on the property.