After reaching settlements with other parties, CityLink later became the sole defendant in the Supreme Court.
The couple sought damages and ordered that part of the wall be removed and not placed on their land.
However, CityLink claimed it claimed ownership of the property under adverse occupancy laws, also known as squatter’s rights.
Under the law, a squatter can claim a piece of land only if it has been in exclusive possession for 15 years without interruption.
The Botos brothers claimed that 15-year period was interrupted in 2012 by a planning permit application to build six units on the site.
But the actual problem of the wall encroaching on the land wasn’t discovered until 2018, when development was taking place, the court said.
In 2021, Supreme Court Justice James Gorton agreed that Citilink had successfully acquired land previously owned by the Bothos brothers.
“In my view, by constructing the noise wall, CityLink effectively owned and effectively disposed of the Bothos brothers of the space physically occupied by the noise wall and its supporting structure,” he said. I am writing for a reason.
“CityLink used the land occupied by the building as if it were their own.”
The court heard that CityLink did not intend to own the assets unfavorably.
As part of the lawsuit, the Botos brothers alleged that concrete spillage during wall installation also encroached on their property.
Although he dismissed the rest of their claims, Gorton awarded the brothers $69,035 in damages for a spill three meters long and one-and-a-half meters wide.
https://www.brisbanetimes.com.au/national/victoria/citylink-claims-part-of-brunswick-west-property-through-squatters-rights-20221210-p5c5a1.html?ref=rss&utm_medium=rss&utm_source=rss_national CityLink claims part of Brunswick West property through squatter rights