MOYNE Shire Council has voted to oppose a property claim made against an “iconic” Port Fairy fishing spot.
Gathering for the last full council meeting before the municipal election, councillors voted to oppose an adverse possession claim against a riverfront parcel of land next to the Moyne River bridge.
Supporting the motion, Cr James Purcell described the block as public land often used by fishermen and artists.
“I’m not expert in adverse possession but the situation is that it’s obviously been a very public piece of land,” Cr Purcell said.
“I do think council should try to stop this adverse possession.”
Cr Colin Ryan added his support to the motion. “This piece of land is iconic in Port Fairy — I think it’s something council should fight against,” he said.
The motion was passed with the support of all seven councillors.
Under the law, a claim for adverse possession can be made if the applicant can prove they have had exclusive and uninterrupted access to a property for 15 years.
Council will express its objections to the Department of Sustainability and Environment (DSE) which handles the claims.
Cr Purcell told The Standard yesterday the applicant of the claim had been paying rates on the land, but was unsure whether it was for the 15 years’ duration required for the claim.
The applicant, Peter John Mugavin, was yesterday unavailable for comment.