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Adverse Possession - Getting what you're paying for?

Property Law: 23 March 2019

Rob Bradley has been interviewed by Domain in The Age on the concept of adverse possession.

Robert Bradley, a partner in the commercial and property lawyer team at city-based law firm Aitken Partners, says that under Victoria's property laws relating to what is known as "adverse possession", property owners have a right to reclaim property that has been taken by a neighbour without permission, provided the land involved is more than a few centimetres wide and that the neighbour has occupied the land for less than 15 years.

"You can get an order from the court for the fence to be re-erected on its correct boundary," he says. "If somebody has possession of your property, you're entitled to take it back."

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