The title to land may be acquired through adverse possession. Queensland adopted adverse possession in 1994. The individual seeking possession of the title through adverse possession must meet certain requirements.
An individual must have used the property as his own for a certain amount of time. The individual must also intend to possess the property. The possession must be open and obvious to anyone looking at the property.
The individual acting as if the property is his, must do so for 12 years. The clock begins when the title owner should have enforced his rights of possession against the person attempting to possess the property adversely. The 12 years can be combined by one person from a previous possessor if the title owner never contested the previous possessor’s presence on the property.
Once 12 years has lapsed, the title is said to extinguish. At this time, the possessor of the land may claim title.
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