Adverse Possession Potential Claim

[349Collins]

On our common boundary there are two stand alone garages build to be used by tenants of an older run down apartment block of 6 units. The tenants have change a lot over the years.

I have not seen the property owner on site for at least 20 years, rely on a real estate agent to tenant and maintain the property.

I have been using one of the garages to store stuff for 15 years. I have a lock on the roller shutter door so no one else can use it.

I could access the garage from my property if I knocked an opening in the common wall.

Currently there is an old car in the garage which I have been informed is owned by the apartment block owners. I am in the state of Vic

Can I rely on adverse possession legislation to claim this garage (1 of 2)?

Do I need to remove the old car, does its presence influence my claim?

 

[Rod]

Quite likely you can claim, though without having title information can't say with any great reliability.

The car may not influence the decision. What will influence the result is evidence showing you have used the property for 15 years. Not sure how you are going to prove that. The burden of evidence on you is high.

 

[Tim W]

I have been using one of the garages to store stuff for 15 years.

Trespassing?
And even if not, then proof of it being otherwise (licence (however informal), or mere acquiescence) lies with you.

You haven't disclosed if you know if the garages are part of certain lots or not.
Just as you haven't disclosed if you know if they are, instead, part of the common property.
It may be that one or more tenants have those garages on their leases, and just don't use them
(or, don't know they can). By contrast, they may be part of the common property.

I agee with @Rod ... In that if the land is in continuous use by bona fide tenants
(even if they are not lessors of the garages, or are lessors, but ignorant of their respective rights to use them),
and being actively managed by an agent, then you'll be hard pressed indeed
to get a single lot (or two), let alone part of one (or two), or what may be part of the common property
severed from a strata plan under adverse possession.