At McCarthy Durie Lawyers, we are committed to achieving strong, practical outcomes for our clients — even when the legal pathway is complex. Recently, our Property Law team successfully assisted a client in securing title to a property under an adverse possession application in Queensland, pursuant to the Land Title Act 1994 (Qld).
This matter involved a particularly rare and complex use of the adverse possession provisions. Our client already held a 50% interest in the property as a registered co-owner. The application related solely to the remaining half-interest held by another owner — an unusual scenario not commonly seen in adverse possession claims.
In addition to the legal intricacies, the matter was time-sensitive due to our client’s personal circumstances. Much of the relevant occupation dated back many years, requiring a detailed reconstruction of historical evidence to satisfy the Registrar of Titles.
Despite these challenges, the application was successful — a testament to the depth of our experience and the quality of the evidence presented.
Understanding Adverse Possession in Queensland
Adverse possession — often referred to as “squatters’ rights” — is a legal mechanism that allows a person to become the registered owner of land they have occupied continuously and exclusively for at least 12 years, without the consent of the registered owner.
In Queensland, the relevant legislation includes:
- Limitation of Actions Act 1974 (Qld) – which sets out the 12-year limitation period; and
- Land Title Act 1994 (Qld) – which governs the process for applying to the Registrar of Titles for registration of ownership.
To succeed, an applicant must provide compelling evidence of:
- Continuous and exclusive occupation for a minimum of 12 years;
- Possession without the consent of the registered owner;
- A clear intention to treat the land as their own; and
- Physical control and use of the land over time.
Each case is assessed on its individual facts, and the standard of proof is high.
A Significant and Positive Outcome
The successful outcome has had a profound impact on our client, who is now the sole registered owner of her home. This has provided her with:
- Financial security, including the ability to refinance or sell the property;
- Peace of mind, with certainty of legal ownership; and
- The opportunity to invest in her home and improve her living conditions.
This result represents more than just a legal success — it has delivered long-term stability and peace of mind for our client and her family.
How McCarthy Durie Lawyers Can Help
Our team includes one of Queensland’s few Accredited Specialists in Property Law, and we regularly assist clients with complex and uncommon property matters. We combine legal expertise with practical advice to help our clients make informed decisions and achieve favourable outcomes.
If you have occupied a piece of land for many years and believe you may have a claim, our team can guide you through the legal requirements of adverse possession and advise you on your prospects.
Need Advice on Adverse Possession or Property Ownership?
Contact McCarthy Durie Lawyers today to arrange a consultation with our experienced Property Law team.
