Adverse possession
Section 60 checklist
Lodged by: _______________________________________________ Telephone: _____________________
Engaging a legal practitioner is recommended because these applications are complex. This checklist must be completed,
signed and produced at lodgement. The signed checklist indicates to Land Victoria that the lodging party has taken
responsibility for providing all required documents. If the examination process reveals significant deficiencies in the lodgement,
the application may be rejected and fees forfeited. For further detailed information see the Guide to adverse possession on the
Forms, guides and fees page at www.dtpli.vic.gov.au/property>Forms, guides and fees.
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TICK WHERE APPLICABLE
x
CROSS IF NOT APPLICABLE
Application
Adverse possession – TLA60 form.
Form identifies claimed land by reference to Plan of Survey (if applicable) and Volume and Folio of affected title(s).
Full name and address of applicant(s), including postcode (no post office box).
Signed and dated by applicant, Australian legal practitioner or agent.
Limitations of Actions Act 1958 has been satisfied pursuant to sections 7, 7A, 7B, 7AB and 7C.
The registered proprietor of the affected land is not the Roads Corporation, VicRoads, or any of their predecessors.
The applicant has specified if the claimed land is applied for free of encumbrances and/or subject to existing
encumbrances (see supporting evidence when removing existing encumbrances).
Survey based
Surveyor’s report signed and dated by licensed surveyor.
Abstract of field records (each sheet signed and dated by licensed surveyor
Plan of survey signed and dated by licensed surveyor, with claimed land separately identified by thick
continuous lines.
All survey documents no more than two years old.
SPEAR reference (for digital lodgement of survey documents) is shown on TLA60 form (if applicable).
Not based on survey
The subject land is a whole, separately transferable parcel*:
surrounded by the applicant’s own land
surrounded by government roads or Crown land
surrounded by a combination of the above
the application is by a mortgagee/mortgagor/co-proprietor in possession
the possession has been a consequence of an unregistered transfer
the application is supported by aerial photography – Waive Survey number is shown on TLA60 form (if applicable)
* You can only choose one option. If none of these circumstances apply, then the documents required for a survey-based
application must be lodged.
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Adverse possession
Section 60 checklist
TICK WHERE APPLICABLE

x

CROSS IF NOT APPLICABLE
Required supporting evidence
All applications lodged under this section must be supported by the following evidence.
Statutory declaration by applicant(s).
Property valuation of claimed land.
Statutory declaration by disinterested witness(es).
Evidence required in specific circumstances
In addition, the following evidence may be required in some instances.
If the land claimed is a whole parcel or a significant part of a parcel:
supply evidence of rates payments in the form of a letter from council, listing rated owners over the period of
possession, or copies of rates notices.
If the applicant claims less than 30 years possession and the proprietor of the land claimed is a natural person (i.e. not a
company etc.):
supply a statutory declaration from the applicant’s legal practitioner.
If the claimed land is known as a road or is shown encumbered by carriageway, passageway, footway etc. on any plan held
by Land Victoria:
a letter from council must be supplied stating that the claimed land is not a road as defined by the Road Management
Act 2004.
If the applicant/s cannot claim at least 15 years exclusive possession in their own right and the land applied for is not a
small strip or sliver:
supply deeds of assignment from prior possessor(s) to accumulate 15 or more years possession.
If the land is claimed free from existing encumbrances such as easements, or road or reserve status:
provide a letter from council or the relevant authority stating that there are no existing assets within the claimed land
and/or consenting to removal of the relevant status
supply proof of 30-years non-use of those encumbrances (i.e. statutory declaration/s from people with more than 30
years knowledge of abandonment)
supply expert testimony for those types of encumbrances that require further proof regarding their abandonment, e.g.
drainage.
Other information may be required, including evidence from prior possessors, photographs, consents from affected parties,
valuations and other information depending on the circumstances of the particular application.
Further information regarding adverse possession applications can be found in the Guide to adverse possession on the Forms,
guides and fees page at www.dtpli.vic.gov.au/property>Forms, guides and fees.
Fees
Correct fees as set out in the Guide to Transfer of Land Act fees on the Forms, guides and fees page at
www.dtpli.vic.gov.au/property>Forms, guides and fees.
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Adverse possession
Section 60 checklist
Signatures
Signed: ________________________________________ Date: _______________
Name (current practitioner): __________________________________________ or
Name (applicant): ____________________________________________________
Lodging at Land Victoria
To lodge at Land Victoria, please refer to our contact details at www.dtpli.vic.gov.au/property>Contact us.
Authorised by the Victorian State Government
Land Victoria
Department of Transport, Planning and Local Infrastructure, 2014
© Copyright State of Victoria,
This document is also available in an accessible format at dtpli.vic.gov.au
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