The common law has always regarded the possession or occupation of a parcel of land as sufficient evidence of ownership. Consequently, a trespasser or adverse occupier who has been allowed unmolested and uninterrupted possession of a parcel will, in time, displace the documentary owner and bar their rights to recover the land, as per the Land Registry Services website. Possessory title – NSW Land Registry Services (nswlrs.com.au).

The applicant for a title must be able to support their claim by a survey plan to establish the area of possession, a statutory declaration from themselves and other uninterested parties testifying to the nature of the occupancy and possession as well as a current property title search.

There are limitations in the Limitations Act 1969 (NSW) that provide for adverse possession. A claim of adverse possession can be made against a Common Law owner after a period of 12 years, providing the continual possession commenced after 1 January 1970. This does not apply to any applicant before 1982, where a period of 20 years in required.

At Connor & Co, our lawyers are experienced in all aspects of the Land and Environment Court procedures and proceedings. Please call us today to discuss your unique situation.