Adverse possession
Section 60 checklist

Lodged by: ______Telephone: ______

Engaging a legal practitioner is recommended because these applications are complex. This checklist must be completed, signed and produced at lodgement. The signed checklist indicates to Land Victoria that the lodging party has taken responsibility for providing all required documents. If the examination process reveals significant deficiencies in the lodgement, the application may be rejected and fees forfeited. For further detailed informationseethe Guide to adverse possession on the Forms, guides and fees page at guides and fees.

TICK WHERE APPLICABLE x CROSS IF NOT APPLICABLE

Application

Adverse possession – TLA60 form.

Form identifies claimed land by reference to Plan of Survey (if applicable) and Volume and Folio of affected title(s).

Full name and address of applicant(s), including postcode (no post office box).

Signed and dated by applicant, Australian legal practitioner or agent.

Limitations of Actions Act 1958 has been satisfied pursuant to sections 7, 7A, 7B, 7AB and 7C.

The registered proprietor of the affected land is not the Roads Corporation, VicRoads, or any of their predecessors.

The applicant has specified if the claimed land is applied for free of encumbrances and/or subject to existing encumbrances (see supporting evidence when removing existing encumbrances).

Surveybased

Surveyor’s report signed and dated by licensed surveyor.

Abstract of field records (each sheet signed and dated by licensed surveyor

Plan of survey signed and dated by licensed surveyor, with claimed land separately identified by thick
continuous lines.

All survey documents no more than twoyears old.

SPEAR reference (for digital lodgement of survey documents) is shown on TLA60 form (if applicable).

Not based on survey

The subject land is a whole, separately transferable parcel*:

surrounded by the applicant’s own land

surrounded by government roads or Crown land

surrounded by a combination of the above

the application is by a mortgagee/mortgagor/co-proprietor in possession

the possession has been a consequence of an unregistered transfer

the application is supported by aerial photography – Waive Survey numberis shown on TLA60 form (if applicable)

*You can only choose one option. If none of these circumstances apply, then the documents required for a survey-based application must be lodged.

TICK WHERE APPLICABLEx CROSS IFNOTAPPLICABLE

Required supporting evidence

All applications lodged under this section must be supported by the following evidence.

Statutory declaration by applicant(s).

Property valuation of claimed land.

Statutory declaration by disinterested witness(es).

Evidence required in specific circumstances

In addition, the following evidence maybe required in someinstances.

If the land claimed is a whole parcel or a significant part of a parcel:

supply evidence of rates paymentsin the form of a letter from council, listing rated owners over the period of possession, or copies of rates notices.

If the applicant claims less than 30 years possession and the proprietor of the land claimed is a natural person (i.e. not a company etc.):

supply a statutory declarationfrom the applicant’s legal practitioner.

If the claimed land is known as a road or is shown encumbered by carriageway, passageway, footway etc. on any plan held by Land Victoria:

aletter from council must be supplied stating that the claimed land is not a road as defined by the Road Management Act 2004.

If the applicant/s cannot claim at least 15 years exclusive possession in their own right and the land applied for is not a small strip or sliver:

supply deeds of assignment from prior possessor(s) to accumulate 15 or more years possession.

If the land is claimed free from existing encumbrances such as easements, or road or reserve status:

provide aletter from council or the relevant authority stating that there are no existing assets within the claimed land and/or consenting to removal of the relevant status

supply proof of 30-years non-use of those encumbrances (i.e. statutory declaration/s from people with more than 30years knowledge of abandonment)

supply expert testimony for those types of encumbrances that require further proof regarding their abandonment, e.g. drainage.

Other information may be required, including evidence from prior possessors, photographs, consents fromaffected parties, valuations and other information depending on the circumstances of the particular application.

Further information regarding adverse possession applicationscan be found in theGuide to adverse possession on the Forms, guides and fees page at>Forms, guides and fees.

Fees

Correct fees as set out in theGuide to Transfer of Land Act feeson the Forms, guides and fees page at guides and fees.

Signatures

Signed: ______Date: ______

Name (current practitioner): ______or

Name (applicant): ______

Lodging at Land Victoria

To lodge at Land Victoria, please refer to our contact details at us.

Authorised by the Victorian State Government

Land Victoria
Department of Transport, Planning and Local Infrastructure, 2014

© Copyright State of Victoria,

This document is also available in an accessible format at dtpli.vic.gov.au

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