Former Camberwell councillor keeps fences up around VicRoads land in Hawthorn East

A FORMER Camberwell councillor has defied a Supreme Court order made 18 months ago to hand over public land worth upwards of $800,000.

Neighbour, Simon Jonas, is disappointed VicRoads has been slow to act on the fenced off area. Picture: Janine Eastgate

A FORMER Camberwell councillor has defied a Supreme Court order made 18 months ago to hand over public land worth upwards of $800,000.

Hawthorn East resident Richard Pearse lodged an adverse possession claim for 470 sq m of VicRoads-owned parkland near Gardiners Creek in September 2011.

Mr Pearse had installed a double driveway and water tank, planted trees and shrubbery and fenced off the public park next to his Kaikoura Ave property.

Under adverse possession laws, a trespasser in possession of land for more than 15 years can acquire ownership at no cost.

But VicRoads won the battle to keep the land after the case was heard in the Supreme Court in November 2012.

Justice Kevin Bell said in his ruling that the road authority — as a State Government entity — was immune from adverse possession claims.

The fence is standing, despite the court’s judgment stating Mr Pearse had six months to restore vacant possession of the land.

Last week Mr Pearse told Progress Leader he had maintained the parkland since he moved into his house in 1993.

Richard Pearse in 2012.

When asked why the fence had not been taken down 18 months after the Supreme Court ruling, Mr Pearse said it was a “safety issue” and was “still subject to a lot of legal issues”, but would not disclose any more information.

Mr Pearse said he had spent “the best part of 20 years looking after” the land.

“I’m trying to protect that piece of land so that wildlife can live on it,” Mr Pearse said. “The land belongs to everyone.”

VicRoads property portfolio manager Julie Van Dort said following the final court order, the majority of Mr Pearse’s possessions, including water tanks and a pumping tower, were removed from the site.

But Ms Van Dort said Mr Pearse would soon be issued with a letter asking that all fencing and other possessions be removed from the property.

VicRoads did not reveal how much it had spent on the Supreme Court case.

Neighbour Simon Jonas, who had previously labelled Mr Pearse’s actions as an “unashamed land grab’’, said the road authority had been too slow to act.

“It is disappointing that VicRoads ... have failed after 18 months to enforce the dismantling of the fence and the illegal planting of a vegetation wall, both intended to deny park users access to the park,” Mr Jonas said.

RT Edgar Boroondara associate Dale Edgcumbe said the disputed land would be worth “on the plus side of $800,000”.