Squatting in Australia

Squatting in Australia usually refers to a person who is not the owner, taking possession of land or an empty house. In 19th century Australian history, a squatter was a settler who occupied a large tract of Aboriginal land in order to graze livestock. At first this was done illegally, later under licence from the Crown.

In more recent times, there have been squats in the major cities such as Canberra, Melbourne and Sydney. It would be possible in theory for squatters to be charged with criminal trespass under the Inclosed Lands Protection Act, but squatters are simply evicted when they are discovered. As in England and Wales and also the United States, adverse possession exists in Australian law, although it is rarely used by squatters. This means that if a squatter lives uninterruptedly in a property for over 12 years (15 in South Australia and Victoria) and against the wishes of the owner, the ownership of the property can be claimed by the squatter.^[1]