Question: Can you make an adverse possession claim over a neighbouring strata lot in WA?
Answer: Yes
In Anderson v Stone [2026] WASC 323, the Supreme Court of Western Australia declared that the owner of a lot in a WA strata scheme had acquired absolute title by adverse possession to part of a neighbouring strata lot and ordered that the land be amalgamated into her lot.
The area in question formed part of a passage between the two dwellings which provided the only access to the rear of the owner’s residence. She had used it exclusively since she became the registered proprietor, storing items there and accessing her lot through it.
A right of adverse possession arises because a landowner’s right to bring an action to recover the land is barred by the expiry of the limitation period of 12 years, at which point their title is extinguished. The claimant must establish both factual possession and an intention to possess and that possession must have been continuous, open, peaceful and without the consent of the owner.
The owner had already obtained the Registrar of Titles’ approval of an adverse possession claim over a larger area and the strata plan had been amended accordingly. The area the subject of this case had been removed from that application following requisitions by Landgate, leaving declaratory relief in the Supreme Court as a remaining option.
The application was unopposed and the decision turned on its own facts, with the owner being successful in their claim for title by adverse possession. It is nevertheless a reminder that boundaries within a strata scheme are not immune from adverse possession and that it can be significantly detrimental for a party who waits too long to take action against an encroacher. The concept poses an interesting query as to how the doctrine of adverse possession operates in respect of the common property in a strata scheme.
If you require advice regarding an adverse possession claim or property disputes, please do not hesitate to contact the team at our Perth office.
© Bugden Allen Group Legal Pty Ltd. This is general information only and not legal advice. You should not rely on this information without seeking legal advice tailored to your specific circumstances.
This post appears in Strata News #807.
Jonathan O’Connor
Bugden Allen
E: jonathan@bagl.com.au
This article has been republished with permission from the author and first appeared on the Bugden Allen website.
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