When is the deadline for recovery of possession of land - fifteen years of dispossession?
The catalogue records a 15 years period from Commencement of a continuous period of dispossession of the claimant and the claimant's predecessors. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 15 years
- Trigger
- Commencement of a continuous period of dispossession of the claimant and the claimant's predecessors
- 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.
- The period does not run during any time the defendant wilfully conceals or wilfully misleads within s 17. Suspended for minors (s 13) and persons under a disability (s 14).
- On expiry the claimant's right or title to the land is EXTINGUISHED (s 19(7)). The basic two-year period does not apply to a claim to recover possession of land (s 19(8)), and apart from s 19 no limitation period applies to such a claim (s 18(1)(c)). 'Land' means land subject to The Registry Act, other than Crown lands (s 19(1)) - so the section preserves adverse possession only outside the land titles system. Where the dispossession begins while the land is subject to a present interest, or during a fixed-term lease, the period is the LATER of the end of the 15 years and five years after the present interest terminates or the fixed term ends (ss 19(4), 19(5)).