Land Titles and Prescriptive Rights

Land Titles Registry Inquiry | Prosper Australia

Let’s assume the property was transferred to Land Titles Qualified on 7 October 2016. What does this mean?

Are there prescriptive easements?

Maybe, and maybe not!

Nothing could happen since 7 October 2016, since the property was in Land Titles.

But, maybe there were such rights on 7 October 2016 when it came out of Registry.

What is the proof period?

  • 10 years for adverse possession, and
  • 20 years for easements and other prescriptive rights.

This takes us back to 7 October 2006 and 7 October 1996. Those are the dates which are relevant. So, your investigation needs to center around those two dates in order to come up with the right answer.

Most of the time the two present Owners of the neighbouring properties will think that their evident is important and relevant, but not unless they were around on 7 October 2016, and 10 years before that for Ownership and another 10 years for the right to travel across the property.

Brian Madigan LL.B., Broker

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