Land Transfer Act 2017

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

156: Information relating to land

You could also call this:

"Telling us about the land's boundaries"

When you apply under section 155, you need to give some information about the land. You must say what the boundaries of the land are, which can be things like fences or natural features. These boundaries are called occupation boundaries. You also need to know the title boundaries, which are the boundaries shown on the record of title or Crown grant, or on a survey plan approved under the Cadastral Survey Act 2002. Your application must be accompanied by a certificate from a licensed cadastral surveyor that the occupation boundaries match the title boundaries. If this is not possible, you need to provide a survey plan that can be used for deposit under section 224. When you draw the boundaries on a survey plan, you must use the occupation boundaries of the land. However, if the occupation boundaries are outside the title boundaries, you must use the title boundaries instead. You can find more information about this in the Cadastral Survey Act 2002, which you can access via the Cadastral Survey Act 2002 link https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM141994

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731342.

This page was last updated on 24 December 2025 — View changes

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155: Application for record of title based on adverse possession, or

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

157: Incapacity of registered owner, or

"What happens if you own land but can't manage it due to illness or disability?"

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

156Information relating to land

In this section,—
occupation boundary means any of the following that limits or defines the land occupied by the applicant:
1. a fence, wall, hedge, building, ditch, or other artificial thing:
2. a natural feature of land
title boundaries means the boundaries of the land shown—
on the record of title or Crown grant; or
on the latest survey plan approved under the Cadastral Survey Act 2002 or any corresponding previous Act.

An application under section 155 must be accompanied by—
a certificate by a licensed cadastral surveyor that the occupation boundaries or any that exist coincide with the title boundaries; or
if a certificate cannot be given, a survey plan suitable for deposit under section 224.

The boundaries on a survey plan must be drawn in terms of the occupation boundaries of the land.
However, to the extent that the occupation boundaries of the land are outside the title boundaries, the survey plan must be drawn in terms of the title boundaries.

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