Authority Updates - Victoria - September 2016

Section 60 Applications – Deficiencies

Plan Acceptance no longer undertakes pre-lodgement checks for section 60 (adverse possession) applications.  The Application and Survey Branch carries out preliminary checks of section 60 applications. Approximately 25 per cent of applications have had critical deficiencies. 

Common examples include:

  • Lack of necessary deeds of assignment of possessory rights 
  • Possession not being for 15 years
  • Survey plans being out of date.

If the evidence lodged in support of the application is critically deficient, urgent requisition(s) are sent to the lodging party and the application is stopped, pending compliance.

If the requisitions are satisfied within the standard nominated 30-day period, the application will be placed in the queue for full examination.

If the requisitions are not completely satisfied within the 30 days: 

  • The application will be rejected
  • Documents lodged will be returned
  • Fees will be forfeited without further warning
  • Extensions to the nominated period will not be granted.

The adverse possession checklist provides a list of the evidence required. 

To avoid delays, the checklist needs to be properly completed prior to signing and lodging it with all necessary evidence at Land Victoria.

Section 60 applications often involve complex questions of law. If this is the case, Land Victoria recommends applicants seek the advice of an Australian legal practitioner who specialises in this area.

The guides listed below provide more information on adverse possession are available here.

  • Guide to adverse possession
  • Guide to evidence supporting an adverse possession

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.