Can You Make an Adverse Possession Claim Over Part of a Strata Lot in Western Australia?

Many people assume adverse possession only arises in relation to large rural properties or boundary disputes between neighbouring houses. However, a recent decision of the Supreme Court of Western Australia demonstrates that, in the right circumstances, an adverse possession claim can succeed in relation to part of a strata lot.

In Anderson v Stone [2026] WASC 323, the Court declared that a homeowner had obtained ownership of approximately two square metres of an adjoining strata lot after exclusively possessing and using the area for more than 17 years.

What happened?

The proceedings concerned two neighbouring strata lots in Scarborough.

The plaintiff had owned and occupied her unit since 2008. Between the two lots was a narrow passageway that she believed formed part of her property. Over the following 17 years, she used the area as the only access to her rear courtyard, stored household and gardening equipment there, carried rubbish through it, directed tradespeople to use the passage, and installed improvements, including a solar-powered control box. The neighbouring owners did not oppose the application and informed the Court that they would abide by its determination based on the plaintiff's evidence.

Importantly, Master Russell confirmed that the absence of opposition did not automatically entitle the plaintiff to relief. The Court was still required to carefully consider the evidence and determine whether the legal requirements for adverse possession had been established before making the declarations sought.

After considering the evidence, the Court was satisfied that the plaintiff had established the necessary elements of adverse possession and declared that she had obtained title to the claimed land.

What is adverse possession?

Adverse possession is a legal doctrine that allows a person who has possessed land for a sufficient period to acquire legal ownership of it.

In Western Australia, the relevant limitation period is generally 12 years. Once that period has expired, the registered owner's right to recover the land may be extinguished if the legal requirements have been satisfied.

The Court reaffirmed that a successful claimant must establish that their possession was:

• actual and exclusive;
• open, rather than secret;
• peaceful, rather than by force;
• without the registered owner's consent; and
• continuous for the required limitation period.

Why is this decision important?

Many clients ask whether adverse possession can apply within a strata scheme. This decision illustrates that such a claim can succeed where the legal requirements are satisfied.

Like any other adverse possession claim, however, success will always depend on the particular facts and whether the evidence establishes the necessary elements.

The decision is also a useful reminder that physical occupation does not always align with boundaries shown on a strata plan.

What should you do if you think you have a claim?

Adverse possession claims are highly fact specific.

Simply stating that you have used another person's land from time to time will not be enough. These claims often require historical surveys, title searches, photographs and witness evidence to establish the nature and duration of the occupation.

Given the complex nature of adverse possession, if you think you have a claim, or if a neighbour claims ownership of part of your land, early advice can help identify the evidence required, assess the prospects of success and avoid costly litigation where possible.