Victorian Current Acts

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FENCES ACT 1968 - SECT 30E

Adverse possession claims arising from fencing disputes

    (1)     A person may file a complaint in the Magistrates' Court under this section claiming title by possession to a part of adjoining land to the land that person owns if—

        (a)     the land that person owns is land in respect of which a complaint is filed under another provision of this Act; and

        (b)     the land that the person is claiming title by possession to is land on which fencing works and any subsidiary works that are the subject of that complaint are to be carried out.

    (2)     The Magistrates' Court may make an order in relation to who is entitled to title by possession of that part of the adjoining lands on which the fencing works and any subsidiary works are to be carried out.

    (3)     Nothing in this section affects the operation of the Limitation of Actions Act 1958 , the Transfer of Land Act 1958 or any other law in relation to adverse possession.

Note

A person who claims title by possession to land may apply to the Registrar under the Transfer of Land Act 1958 for an order vesting the land in that person.

S. 30F inserted by No. 30/2014 s. 6.



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