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ARTICLE · 03 JULY 2024

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Squatters Rights and the law in Australia

The squatter's rights framework, a "use it or lose it" legal doctrine, varies from state-to-state in Australia.

AustraliaReal Estate and Construction

Squatting involves living in an unoccupied property or on land, without permission to do so. In Australia, 'squatters' rights' involves the 'squatter' obtaining a legal right to the land, as the time passing in which the registered proprietor does not use the land essentially 'extinguishes' their title.

It is often referred to as a 'use it or lose it' legal doctrine. The framework varies from state-to-state in Australia with different time frames applicable before the registered proprietor's title is extinguished.

Adverse Property Rights and Adverse Possession

'Squatters' rights' is a colloquial term, with the law referred to as 'adverse property rights' or 'adverse possession'. Adverse possession is a part of land law in all Australian states. However, it is not recognised as part of land law in the Australian Capital Territory or the Northern Territory.

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