When is the deadline for limitation period: action to recover land?
The catalogue records a 12 years period from The date on which the cause of action first accrues to the plaintiff or to a person through whom the plaintiff claims. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 12 years
- Trigger
- The date on which the cause of action first accrues to the plaintiff or to a person through whom the plaintiff claims
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Postponement and disability provisions in Limitation Act 1969 (NSW) Pt 3. Not computed.
- Corrected on verification: the researched entry cited s 27 without a subsection. The twelve year period for a person other than the Crown is in s 27(2); s 27(1) imposes a separate THIRTY year period on an action to recover land by the Crown, and s 27(3) disapplies s 27(2) to an action brought by a person claiming through the Crown on a cause of action which accrues to the Crown. A calculator that applied twelve years to a Crown claim would be wrong by eighteen years. Torrens title land is also subject to indefeasibility under the Real Property Act 1900 (NSW), which materially restricts adverse possession claims. Section text verified verbatim against the current consolidation on legislation.nsw.gov.au.