Lexi Webster
Australia is witnessing a shift in its real estate sector, with a surge in population in the mainland coastal areas. This has led to a demand for free or cheap land in the country's interior regions, which are expected to become a part of future megacities. Tasmania, an island state of Australia, is witnessing a revamp in its housing and settlement real estate sector, with towns well-equipped with good roads, schools, and medical care. Additionally, adverse possession, or squatter's rights, allows individuals to claim ownership of land they do not own by occupying it for an extended period, typically 12 years. This legal loophole has been leveraged by some to acquire ownership of unregistered land. However, it is important to note that obtaining free land is not a quick process and requires maintenance and legal procedures to secure ownership officially.
| Characteristics | Values |
|---|---|
| Time taken to claim free land | 12 years |
| Squatter's rights | The original owner loses their legal right to evict the squatter if the squatter has been occupying the land for longer than 12 years |
| Adverse possession | A trespasser can make a claim for the title of a piece of land if they have occupied it for a considerable period of time |
| Caution Against First Registration | A process that enables the claimant to prove when they claimed the plot and ward off spurious claims from others |
| Location | Tasmania, Quairading, Grenfern region |
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What You'll Learn
Squatter's rights
In Australia, the term "squatting" usually refers to a person who does not own a piece of land or an empty house taking possession of it. In the 19th century, squatters were settlers who occupied large tracts of Aboriginal land to graze their livestock, initially illegally and later under licence from the Crown. Today, squatting in Australia often refers to occupying empty buildings in major cities. Squatters can be charged with criminal trespass under the Inclosed Lands Protection Act, but they are usually simply evicted when discovered.
Adverse possession, also known as squatter's rights, exists in Australian law, although it is rarely used. This means that if a squatter lives uninterruptedly on a property for over 12 years (or 15 years in South Australia and Victoria) against the wishes of the owner, they can claim ownership of the property. Generally, after 12 years, the original owner loses their legal right to evict the squatter, who is then free to remain on the land and can claim the title of the land from the Land Registry office. This is usually done without compensation to the original owner unless a court has specifically ordered otherwise.
To successfully claim adverse possession, several requirements must be met. Firstly, the squatter must be in actual possession of the land, which means they must be physically present on the land and treating it as if they are the owner. Secondly, the possession must be exclusive, meaning the squatter must be the only one in possession of the land, not sharing it with the owner or another squatter. Thirdly, the possession must be open and obvious, so the owner knows or ought to have known about the trespass and chooses not to act. Lastly, the possession must be continuous for the required period, which is typically 12 or 15 years, depending on the state.
It is important to note that obtaining free land through squatter's rights is not a quick process. It requires dedication and the understanding that, even after the required time period, there is no guarantee that ownership will be granted. Additionally, squatting can be a controversial topic, as it involves occupying property without the owner's consent, which some may view as unethical.
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Adverse possession
To make a successful adverse possession claim, you must fulfil certain requirements and meet certain conditions. Firstly, you must occupy the property or land continuously, exclusively, and uninterrupted for a specific period, which is typically 12 years in most states, and 15 years in South Australia, Victoria, and under Section 13 of the Limitation of Actions Act. During this time, you must also demonstrate the intention to possess the land. This can be indicated by fencing the land, paying rates, building on the land, renovating, adding fencing, planting trees or crops, or running livestock on the land. It is important to note that simply allowing animals to graze or children to play on the land is not sufficient to demonstrate intention.
Additionally, your occupation of the land must be without the permission of the original owner. If you are occupying the land with the owner's consent, you cannot make an adverse possession claim. The original owner must also not exercise their right to eject you or recover their property during the specified period.
If you meet all the requirements and conditions, you can make an application for adverse possession under Section 60 of the Transfer of Land Act. Your application must include an affidavit setting out the facts that form the basis of your claim. It is highly advisable to seek legal advice and assistance during this process.
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Aboriginal land claims
To make a successful land claim, traditional owners must prove their customary relationship with the land. This involves anthropological research and providing evidence before the Aboriginal Land Commissioner, a judge of the Federal Court or the Supreme Court of the NT. The commissioner decides whether the claimants are the rightful traditional owners according to Aboriginal law and makes a recommendation to the Minister for Aboriginal Australians. The minister then decides whether to recommend granting all or part of the claimed land to the Governor-General.
Land granted to Aboriginal land trusts, whose members are traditional owners, cannot be sold or mortgaged. These trusts hold the title for the benefit of all traditional owners, and the NT government cannot compulsorily acquire this land.
Aboriginal land councils, such as the Central Land Council, Northern Land Council, Anindilyakwa Land Council, and Tiwi Land Council, play a crucial role in helping Aboriginal people claim and manage their land, protect sacred sites, and manage income received under the Act.
Despite the Act, Aboriginal interests often compete with commercial interests, and governments across Australia have been accused of colluding to protect their interests while ignoring the Aboriginal Land Rights Act. Additionally, the process of claiming land can be lengthy and expensive for Aboriginal landowners, who must pay for anthropologists and surveys to prove their traditional relationship and formal land boundaries.
While the Aboriginal Land Rights Act has enabled Aboriginal people to regain control over approximately 12% of Australia, inequalities remain, with Aborigines in the south and east obtaining very little land.
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Unregistered land
Adverse possession, or squatter's rights, is a legal principle that allows a trespasser to claim the title of a piece of land if they have occupied it for a considerable period of time, usually over 12 years. In Australia, this principle can be applied to both private and unregistered land.
- Locate a plot of unregistered land: Search for areas that are likely to have unregistered land, such as remote locations or areas with historical subdivision. Research the land records to identify plots that may be unregistered.
- Take possession of the site: Once you have identified a potential plot, take possession of the site by maintaining and improving it. Make sure it does not look like waste ground. The more respectable and well-maintained the land looks, the better your chances of eventually securing ownership.
- Secure your claim: To secure your claim and prevent others from registering the land before you, lodge a 'Caution Against First Registration' with the Land Registry. It is advisable to seek the assistance of a solicitor for this process. This enables you to establish when you claimed the plot and protect your interests.
- Meet the adverse possession requirements: Continuously occupy and maintain the land for an extended period, typically 12 years or more. This prolonged use of the land without interference from the legal owner strengthens your claim.
- Register the land in your name: After meeting the adverse possession requirements, you can proceed to register the land in your name. Engage the services of a solicitor to facilitate the transfer of ownership and ensure compliance with legal procedures.
It is important to note that claiming unregistered land in Australia requires a long-term commitment and adherence to legal processes. The specific laws and procedures may vary across different states and territories in Australia, so it is always advisable to seek professional legal guidance throughout the process.
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Cheap land in Tasmania
Tasmania is an island state of Australia that has seen less development than the mainland. However, with a surging population in the coastal areas of the mainland, Tasmania is witnessing a revamp in its housing and settlement real estate sector. Towns in Tasmania are now well-equipped with good roads, schools, and medical care.
One of the areas in Tasmania that has cheap land is the Grenfern region, where land costs about 50 cents per square meter. This is significantly cheaper than cities like Sydney, where land costs $1000 per square meter, or Perth, where it costs $700 per square meter.
While it is not possible to claim unregistered land for free in Tasmania, it is possible to purchase cheap land and then take steps to secure ownership. This can be done by maintaining the site to make it look respectable and ensuring that it is not a waste ground. It is also important to take steps to ensure that you are not beaten to registration, such as through a "Caution Against First Registration" arranged through the Land Registry with the assistance of a solicitor. After using the plot for 12 years, you can have it registered in your name.
Additionally, it is worth noting that adverse possession, or squatter's rights, may apply in certain situations. If a trespasser occupies a piece of land for a considerable period, they may be able to make a successful claim for the title of the land. Generally, if a squatter has been occupying the land for longer than 12 years, the original owner loses their legal right to evict them, and the squatter can remain on the land and make a claim to the Land Registry office to have the title transferred to them.
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Frequently asked questions
There are a few ways to claim free land in Australia, one of which is by occupying a plot of land for a considerable period, usually 12 years. After this period, you can register the plot in your name. This is known as adverse possession.
Adverse possession is a legal principle that allows a trespasser to claim the title of a piece of land if they have occupied it for a long time. This can be done by paying the rates on a property with dormant titles and then claiming ownership on the grounds of adverse possession.
Yes, one way is to look for land in areas that are yet to be developed, such as Tasmania, which is currently witnessing a revamp in its housing and settlement real estate sector.
