Squatting generally refers to the act of occupying land without legal title or permission. A person who is squatting can exclude others who do not have a better legal title, but the owner generally does have a better title and can take steps to remove a person who is squatting.
An owner is not allowed to evict by themselves. A valid eviction process requires the owner to apply to a court (or VCAT) and obtain an eviction order. The Sheriff (possibly with police assistance) will enforce a warrant of possession once an eviction order is obtained.
An owner can apply to the Supreme Court of Victoria for an order allowing them to take possession of the property and a warrant of possession to enforce that order. The warrant allows the Sheriff to take possession of the property and remove occupants. They may use reasonable force to enter and take possession, regardless of who is inside at the time.
The Sheriff must execute warrants as soon as possible and can make arrests in limited circumstances, but their role is mostly to enter, remove occupants and deliver possession to the owner using necessary and reasonable force.
In some cases where the property was (or is) subject to a tenancy agreement and is now solely occupied without consent, the owner may apply to VCAT for an order stating anyone in the property has to move out. This order is enforced by the police with a warrant of possession that enables them to remove occupants.
The owner or someone else may decide to call the police if they observe squatting at a premises. Criminal charges may apply depending on the circumstances. Relevant offences include:
When speaking with police, your client:
If your client is arrested:
Talking with the owner
You or your client may wish to contact the owner of the property to negotiate with them and seek a formal agreement to pay rent. If rent is being paid, even if there is no written agreement, the arrangement may be covered by tenancy laws. This would require the owner to follow a formal VCAT process in order to evict.
However, talking with the owner may alert them to the fact that your client is squatting and they may take steps towards eviction or contact the police. Acknowledging the owner’s ownership may also prevent a claim for adverse possession.
Given the risks, you or your client should speak with a lawyer before reaching out to the owner.
What is adverse possession?
If a person occupies a property in Victoria for 15 years they can apply to the Registrar of Titles to be registered as the legal owner of the property. This is known as ‘adverse possession’.
Adverse possession requires physical possession and control of the property, and an intention to possess the property to the exclusion of others, including the owner.
How does my client make an adverse possession claim?
In practice, it is very difficult to successfully claim adverse possession, because owners will normally try and evict squatters before the 15 years expires.
The application process is complex and fees apply. Community legal centers are unlikely to be able to assist with the process.
A successful application requires sufficient evidence and can be very difficult to successfully prove. The onus will be on your client, as the person making the application, to prove their claim.
An adverse possession claim cannot be made over land owned by the government or certain public authorities.
A claim for adverse possession must be made within 30 years of date on your client took possession. After this, they will be unable to make a claim.
Justice Connect does not provide legal advice on squatting or adverse possession. The following services may be able to help:
See our referral page for legal support and other support options.
The content on the Workers’ Resource Hub is legal information for general guidance and not legal advice. The content on this webpage was last updated in May 2026. See full disclaimer and copyright notice.
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