Does adverse possession apply to Torrens title?

Adverse possession As most land ownership in NSW is Torrens title, this means that in most cases, for example, where a dividing fence is wrongly placed for a number of years, the owner with the benefit of this extra strip of land cannot claim ownership of it under this principle.

How do I claim adverse possession in NSW?

In NSW, adverse possession may be claimed by an encroaching owner if they have occupied the encroached land for 12 years or more and have satisfied the requirements under the RP Act. However, this is a very technical area of law and care must be taken to understand your rights.

What are the 5 requirements for adverse possession?

A typical adverse possession statute requires that the following elements be met:

• Open and Notorious. The person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious.
• Exclusive.
• Hostile.
• Statutory Period.
• Continuous and Uninterrupted.

Can my Neighbour claim adverse possession?

any evidence produced by your neighbour to suggest that they have been in occupation of the disputed land for 12 years or more without objection and which may now entitle them to claim ownership under the law of adverse possession.

When does adverse possession apply to Torrens title land?

With Torrens title land, the adverse possession may also have to apply to the whole parcel of land and not part of it (Real Property Act 1900, section 45D).

What does adverse possession mean in NSW Real Property Act?

With Torrens title land, the adverse possession may also have to apply to the whole parcel of land and not part of it ( Real Property Act 1900, section 45D). As most land ownership in NSW is Torrens title, this means that in most cases, for example, where a dividing fence is wrongly placed for a number of years,…

How old do you have to be to claim Torrens land in NSW?

Note Notice is sent to adjoining owners on all deposited plans which claim land outside occupations more than 12 years old. In NSW Torrens title land cannot be claimed by adverse possession unless the land claimed constitutes the entirety of the title see s.45D (1-2B) Real Property Act, 1900.

Can a person claim adverse possession of land?

If there is any form of permission (such as a licence, lease, or agreement to use the land), adverse possession cannot be claimed because it will be clear that the owner never intended to pass over ownership.