Thanks for your question.
There are two elements to a claim for adverse possession, regardless of whether the claim is in respect of registered or unregistered land.
To claim title by adverse possession, the seller needs to prove the following:
Uninterrupted factual possession of the land for the requisite period (10 years if registered or 12 if unregistered).
Intention on the part of the seller to possess the land during that period of possession.
There must be a sufficient degree of exclusive physical control over the land. What is sufficient will depend on the circumstances and, in particular, the nature of the land and the manner in which land of that nature is commonly used. Broadly, the person in possession must have been dealing with the land as an occupying owner might have been expected to deal with it, and no one else must have done so.
The question is whether parking is sufficient to establish exclusive physical control.
Then there must be an intention to possess in the seller's own name, on its own behalf and to the exclusion of all others (including the council with the paper title).
An intention to possess to the exclusion of all others is not the same as an intention to own or acquire ownership. The only question is whether the seller has been in possession of the land in the ordinary sense of the word for the requisite period of time without the consent of the owner. If the seller can establish this then potentially can claim adverse possession of the land.
There is a potential claim. Each case turns on its own facts. On the face of it there is a potential claim but this can only be established by thorough examination of the facts. If the seller can establish adverse possession and successfully acquires the land then the seller can transfer title to you.
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