Adverse Possession and Possessory Title

Adverse possession is the rule that a person who occupies land as their own, openly and without permission, for long enough may be able to become the registered owner. It comes up with old strips of land, unused lanes, overgrown boundaries and land where the owner has died or disappeared.

Optimum Lawyers is a property law firm in Parramatta Square, led by principal solicitor Wisam Assi. We act on purchases, sales, settlements and transfers in every Australian state and territory.

The basic rule in NSW

In NSW, a claim against a private owner generally needs at least 12 years of continuous possession, and 30 years against the Crown. The possession must be open, exclusive and without the owner's permission, and you must have treated the land as your own.

Evidence you will need

• Statutory declarations from you and from people who know the history, such as neighbours.
• Proof you acted as owner: fencing, improvements, maintenance, paying rates or insurance.
• Support or no objection from adjoining owners, and information from the council.
• A survey or plan that identifies the land.

Torrens title limits

Most land in Australia is Torrens title, and the rules for possessory claims over it are strict. In NSW, claims over only part of a lot, such as a strip along a boundary, face particular restrictions. Whether a claim can succeed depends on the title history and the facts, so get advice before you spend money on surveys.

The process

In NSW the application is lodged with NSW Land Registry Services. It is reviewed, publicly notified, and any objections must be resolved before you can be registered as owner. Duty may be payable on the value of the land.

Other states

Each state has its own limitation periods and title rules. If the land is outside NSW, we can advise on the law in that state.

What clients say

“Wisam has been an invaluable partner throughout both my property buying and selling journeys.”

Katrina Ong, Google review

Questions about adverse possession

How long do you need to occupy land for adverse possession in NSW?

Generally at least 12 years of continuous possession against a private owner, and 30 years against the Crown.

Can I claim my neighbour’s land because my fence is on it?

Not easily. Claims over part of a Torrens title lot face strict limits in NSW. Get advice first.

Do I pay stamp duty on a possessory title?

Duty may be payable on the value of the land. We can work it out as part of the application.

What evidence do I need?

Statutory declarations, proof you acted as owner, a survey or plan, and support or no objection from neighbours.

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