Am i able to get my land back? My mum brought a property and received less
land in which is on my title.  The property that has her land has
changed owners in the last 2 years.  The property in which she bought
had  the land taken within last 12 years by the previous owner at the
time.She own two adjoining propertys with that boarderline and have
found both properties have land stolen over time. The new owners are
claiming that the fence has been their in the last 30 years however we
know differently. The property is located in brunswick.

Hello,

This is not legal or professional advice as you can read in the disclaimer below.

http://www.firsttitle.com.au/PDFS/Pamela%20O'Connor%20-%20Is%20there%20a%20catch.pdf

On page 8 of this site*, you can read that in Victoria the period for
adverse possession is 15 years.  I found the same information on
another site.

Regardless of how positive an answer you may receive here, you will
have to get a lawyer to really know what the situation is.

Good luck, Myoarin

*
[PDF] TITLE INSURANCE ? IS THERE A CATCH?
File Format: PDF/Adobe Acrobat - View as HTML
total period of continuous adverse possession exceeds the statutory ... (1993)
67 Australian Law Journal 904; R Stein, 'The Torrens Assurance Fund in New ...
www.firsttitle.com.au/PDFS/Pamela%20O' Connor%20-%20Is%20there%20a%20catch.pdf -

http://www.relv.com.au/conveyancing/advposs.asp
In this site, they explain a bit about adverse possession:
"If you have had a survey conducted and you believe that there is an
adverse possession issue, contact us for initial legal advice. Making
an adverse possession claim is not a straight-forward matter, and the
process of making and substantiating a claim can be quite
complicated."

If I were you, I'd hotfoot it down to the Fitzroy Legal Service who
will advise you. They're terrific and will help you sort this out.

http://www.liv.asn.au/public/finda/clc/clc-Fitzroy.html
            
   "Fitzroy Legal Service 
    124 Johnston Street, Fitzroy 3065
    Ph: (03) 9419 3744
    Fax: (03) 9416 1124
    Alphaline: Ph (03) 9419 7427 (24 hour youth crisis line)
    Email: enquiries@fitzroy-legal.org.au

Hours open

    Monday to Friday: 9am - 5pm
    Monday to Friday: 6.30 ? 9.pm (legal advice)

Catchment area

    Fitzroy, Abbotsford, Brunswick, Richmond, Collingwood, Clifton
Hill, Carlton, East Melbourne

Appointment    No

Work referred out

    * Commercial
    * Personal injury
    * Property
    * General civil

..."

Good luck.

This is a site by the Law Institute of Victoria about "alternative
dispute resolution" but does include "Neighbourhood disputes" :

http://www.liv.asn.au/public/legalinfo/adr/

Daniiz-ga,
One or more G-A Researchers have locked your question while trying to
find more information to help you.  But they have not, so far.  This
suggests that besides the fact that your mother must take action
within 15 years against "adverse possession" (this is the legal term
for what has happened), the researcher(s) could find nothing
substantial to post as an answer  - and they will have tried very hard
for a maximum priced question.

Only a lawyer can help you, even if you should get advice here that
helps you understand the situation better.

Best of luck, Myoarin

I can appreciate that this question is of maximum interest to G-A Researchers
and understand that an "answer" that may not be positive for the
questioner's interest risks being rejected.  Nonetheless, after all
the "locked" time, and considering the quite narrow subject, it seems
to me that it would be of service to Daniiz-ga to explain the
difficulty of providing an answer.

OK, I may be severely rebuked for expressing this opinion.  After two
and half weeks, it seems unlikely that anyone could suddenly use any
information disclosed to "capture" the question.  I am not try to
defend my first posting.  I would love to see an answer the suggested
an absolute defense for the Daniiz's mum.

Respectfully, Myoarin