Why Learning Squatters’ Rights Matters
You’ve just discovered your former tenant never left. They stopped paying rent months ago, but they’re maintaining the garden, fixing the gutters, and now claiming they have “rights” to stay.
Can this actually happen in Queensland? Unfortunately, yes — under very specific circumstances.
Adverse possession, commonly called squatters’ rights, allows someone to claim legal ownership of your property after continuously occupying it for 12 years without your permission. While rare, it’s a genuine legal risk that every property owner in Queensland should understand.
Key Insights
- In Queensland, someone can claim your property through adverse possession after 12 years of continuous, open occupation without permission
- This applies to both trespassers and tenants who overstay their lease
- The squatter must meet strict legal requirements — simply living there isn’t enough
- Property owners can prevent claims by maintaining regular contact, conducting inspections, and taking swift legal action when needed
- Crown land and actively managed properties are protected from adverse possession claims
What Exactly Are Squatters’ Rights in Queensland?
The term “squatters’ rights” sounds like something from the Old West, but it’s actually a legitimate legal principle rooted in centuries of common law. The formal legal term is adverse possession, and it’s codified in Queensland’s Limitation of Actions Act 1974.
The underlying logic? Property owners have a responsibility to use, maintain, and monitor their land. If you abandon property for over a decade and someone else treats it as their own during that time, the law may recognise their ownership claim.
Think of it as a “use it or lose it” rule for property. But before you panic, understand that successful adverse possession claims are rare. The legal requirements are strict, and property owners have multiple opportunities to prevent them.
The Five Requirements for Adverse Possession in Queensland
Not every trespasser or overstaying tenant can claim your property. Under Queensland law, someone attempting adverse possession must prove all five of these elements:
1. Continuous Occupation for 12 Years
The person must occupy your property without interruption for the entire 12-year statutory period. Even a brief absence resets the clock. This timeframe is set by Section 13 of the Limitation of Actions Act 1974 (Qld).
2. Exclusive Possession
They must act as the sole owner, excluding everyone else — including you. If they’re sharing the property or acknowledging your ownership in any way, they can’t claim adverse possession.
3. Open and Obvious Occupation
Their presence must be visible to anyone who inspects the property. Secret occupation doesn’t count. They can’t hide the fact that they’re living there.
4. Without Your Permission
The occupation must be unauthorised from the start. Any form of agreement (even a verbal tenancy arrangement) nullifies an adverse possession claim. This is why lease agreements are crucial.
5. Adverse to the True Owner
They must intend to possess the property as if it were theirs, deliberately excluding you from ownership. They need to demonstrate that they’re treating it as their own through actions such as paying utilities, making improvements, or fencing the land.
Only when all five requirements are met for the full 12 years can someone file a claim with Titles Queensland. And even then, you can challenge it.
Can Your Tenant Claim Your Property?
Here’s where it gets concerning for landlords. Yes, a tenant can potentially claim adverse possession, but only in very specific circumstances that most property owners will never encounter.
When a lease ends, that’s your clear signal to act. If tenants remain without renewing, you’ve got a short window to address the situation legally. The moment they stop paying rent, and you fail to take action, the line between tenant and squatter begins to blur.
But here’s the critical point: this requires over a decade of complete inaction on your part. Most landlords would notice non-payment within months and initiate eviction proceedings. That’s why these cases are uncommon, not impossible.
The lesson? Address lease expirations immediately. Enforce your rights. Maintain regular contact. Those simple actions protect your property ownership.
What About Crown Land and Torrens Title Properties?
Not all properties can be claimed through adverse possession. Crown land (property owned by the Queensland government) is explicitly protected. Section 6(4) of the Limitation of Actions Act 1974 (Qld) states that adverse possession cannot affect Crown land ownership, regardless of the timeframe.
Most Queensland properties operate under the Torrens title system, which provides stronger protections than old system title. Under Torrens title, you’re listed as the registered owner, and that registration itself is evidence of ownership. While adverse possession claims are still technically possible against Torrens title land, they’re significantly more difficult to prove and are often blocked by the strong legal protections the system provides.
That said, don’t assume Torrens title makes you immune. The real protection comes from active property management, not just the type of title you hold.
How Property Owners Can Prevent Adverse Possession
Prevention is straightforward: stay involved with your property. Here’s what actually works:
Conduct Regular Inspections
Visit your property at least quarterly, especially if it’s vacant or between tenancies. Document each visit with photos and notes. This creates a paper trail proving you haven’t abandoned it.
Maintain Clear Lease Documentation
Every tenancy arrangement needs a written lease agreement. No exceptions. This written permission eliminates the “without permission” requirement needed for adverse possession. When leases expire, either renew them properly or begin eviction proceedings immediately.
Enforce Your Rights Promptly
The moment a tenant overstays without renewing, or if you discover unauthorised occupants, act. Issue formal notices to vacate. If they refuse, apply for a court order. Speed matters here — every day of inaction strengthens their position.
Build Relationships With Neighbours
If you own investment properties in Cairns or Townsville but live elsewhere, friendly neighbours become your eyes on the ground. They’ll notice unauthorised occupants or unusual activity before you would.
Consider Professional Property Management
If you manage multiple properties or live interstate, working with experienced conveyancing solicitors or property managers ensures someone is actively overseeing your interests. They’ll notice problems early and handle them correctly.
Physical security matters too. Secure vacant properties with proper locks, install security cameras if the property’s in a remote area, and post clear signage indicating the property is privately owned and monitored.
The Legal Process for Removing Squatters in Queensland
If you discover someone occupying your property without permission, don’t take matters into your own hands. Using force or changing locks while they’re inside can create serious legal problems for you, potentially even criminal charges.
Instead, follow Queensland’s legal eviction process. First, issue a formal notice to leave, clearly stating the legal grounds and giving them a reasonable timeframe to vacate. Keep copies of everything.
If they refuse to leave, you’ll need to apply to the Queensland Civil and Administrative Tribunal (QCAT) for a termination order. Once QCAT grants the order and they still won’t leave, you can request a warrant for possession. The Queensland Police Service will then enforce the eviction.
Document everything throughout this process. Take photos of the property’s condition, keep all correspondence, and note every interaction. This evidence becomes crucial if they attempt to claim adverse possession later or if you need to demonstrate the urgency of the situation to QCAT.
Yes, this process takes time. Yes, it’s frustrating. But it’s the legally correct approach that protects your ownership rights while avoiding potential criminal liability for self-help eviction.
The Real Risk to Your Property Investment
The genuine threat from squatters isn’t usually a successful adverse possession claim — those remain rare. The real damage happens long before that.
Squatter-occupied properties deteriorate rapidly. They may lack proper maintenance, suffer unauthorised modifications, or develop costly issues that go unaddressed. This physical damage significantly reduces the market value of your property.
Legal costs mount quickly, too. Even if you successfully remove squatters within months, you’ll pay for solicitor fees, court applications, possibly repairs, and lost rental income. Prevention is always cheaper than remediation.
If you’re managing investment properties in Cairns, Townsville, or anywhere in North Queensland, protecting your assets requires consistent attention. Regular inspections, proper documentation, and swift action when problems arise are essential for your investment.
When Professional Legal Help Matters
While understanding adverse possession laws is important, navigating an actual squatting situation requires professional expertise. If you’ve discovered unauthorised occupants on your property, or if a former tenant is claiming rights they shouldn’t have, don’t handle it alone.
Cairns lawyers who specialise in property law can assess your specific situation, advise on the strongest legal approach, and handle court proceedings if necessary. We’re experienced in Queensland property disputes and understand how to protect your ownership rights while avoiding costly mistakes.
Property law exists to protect owners who actively manage their assets. With regular inspections, proper documentation, and prompt legal action when needed, adverse possession claims remain extremely rare. But if you’re facing a potential claim right now, acting quickly with professional legal support is your best protection.