A person who constructs a permanent structure that inadvertently encroaches on neighbouring land may acquire adverse possession of the cubical spaces occupied by that structure (including underground foundations), even where the surface owner retains possession of the surface above. The builder's ignorance that the land belongs to another does not negate the intention to possess. A tenant in adverse possession of neighbouring land may plead the limitation defence without its landlord being joined as a party. Correspondence in a planning permit process that seeks conditions restricting development near a boundary does not constitute an acknowledgment of the landowner's title under ss 24-25 of the Limitation of Actions Act 1958 (Vic).
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