Squatters' Rights in Queensland

By MeredithBeach
An individual who lives on another's land may claim title to the land by adverse possession.

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Squatters do not have property rights that are defensible in a court of law. Residents of a property held adversely, if they meet certain requirements, may, however, claim title to the property. Someone in Queensland claiming title of land by adverse possession must show that he has possessed the land open and obviously for a period of 12 consecutive years.

Title

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.

Elements

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.

Time

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.

Extinguishment

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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