Squatters and squatters’ rights have been prominent in the media recently.
In Australia, “squatting” refers to occupying a building or land without the owners’ permission. “Squatters’ rights” (more correctly known as adverse possession) refers to a squatter’s right to claim legal ownership of the land if the registered owner does not use it or claim it for a prolonged period.
To claim adverse possession of land in New South Wales, the “squatter” must occupy the property for a period of 12 years.
It is worth noting that:
- The 12-year period must be continuous (although successive squatters can collectively fulfill the 12-year requirement. If possession of the land ceases for any reason, the 12-year period restarts;
- The squatter(s) must demonstrate that they had control over the land and made genuine attempts to exclude others from accessing it (whether by the erection of fencing or the locking of doors etc);
- The 12-year period must run without challenge from the owner of the land. An owner can challenge an adverse possession claim by initiating proceedings to recover the land, removing locks or fences, or ejecting the squatter”.
The 12-year period is increased to 30 years for most types of Crown land (from 1 January 1970) and adverse possession claims cannot be made for roads, any land reserved for public use, and certain other Crown lands.
It’s important for landowners to understand that there is little legal difference between a squatter and a trespasser. If someone accesses your property without your permission then you are entitled to demand that they leave. If they refuse, then you are entitled to involve the police and/or commence civil proceedings. In fact, it’s important that you do so. Failure to take steps to remove the squatter could result in “squatters rights” arising and you losing ownership of your property.
