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Land Transfer Act 2017

Miscellaneous applications and other matters - Applications for title based on adverse possession

155: Application for record of title based on adverse possession

You could also call this:

"Apply to own land you've been using for 20 years or more"

Illustration for Land Transfer Act 2017

You can apply to the Registrar to have your name on the record of title as the owner of the land if a record of title already exists or a Crown grant has been registered under the Land Transfer Act 1952. You must have been in adverse possession of the land for at least 20 years. This means you have been using the land as if you own it. You can include time that other people possessed the land before you, if you are claiming through them. If you are sharing the land with others, your possession of the land does not count as possession by the other owners. Your application must have all the required information. If your application is not complete, it will be treated like any other incorrect document. This rule is also affected by sections 157 and 158. You need to follow these rules to apply for a record of title based on adverse possession.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731341.

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Part 4Miscellaneous applications and other matters
Applications for title based on adverse possession

155Application for record of title based on adverse possession

  1. A person may apply to the Registrar for the creation of a record of title in the name of the person as the owner of the freehold estate in land that is subject to this Act if—

  2. a record of title has been created for the estate or a Crown grant for the land has been registered under the Land Transfer Act 1952; and
    1. the person has been in adverse possession of the land for a continuous period of not less than 20 years and continues in adverse possession of the land; and
      1. the possession would have entitled the person to apply for a title to the freehold estate in the land if the land were not subject to this Act.

        1. For the purposes of this subpart,—

        2. possession of the land by a person through or under whom the applicant claims to be entitled to make the application must be treated as possession by the applicant; and
          1. possession of the land by 1 or more joint tenants or tenants in common—
            1. is not possession of the land by another joint tenant or tenant in common; and
              1. is capable of being possession as against another joint tenant or tenant in common.

              2. The application must contain the prescribed information.

              3. Section 37 applies with necessary modifications to an application that does not comply with this subpart as if the application were an instrument lodged for registration.

              4. This section is subject to sections 157 and 158.

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