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ARTICLE · 11 DECEMBER 2019

Home is where the heart is: adverse possession

A property developer has succeeded against the relatives of a deceased property owner in his right to the title deed of a home.

AustraliaReal Estate and Construction

A property developer in Sydney has succeeded against the relatives of a deceased property owner in his right to the title deed of a home in the inner Western Sydney suburb of Ashbury.

A property developer in Sydney has succeeded against the relatives of a deceased property owner in his right to the title deed of a home in the inner Western Sydney suburb of Ashbury.

This case has captured media attention throughout its journey in the courts, as many people watch in disbelief that a person in this modern age can lay claim to another's person title simply by "squatting" for long enough.

The legal principle of adverse possession makes it possible for a person to claim land that is titled to someone else. That land claimed may be just a sliver or, as in the abovementioned case of McFarland v Gertos [2018] NSWSC 1629, something more substantial, like someone else's home.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Madgwicks is a member of Meritas, one of the world's largest law firm alliances.

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