28th August, 2026
What is Adverse Possession?
Adverse possession is a legal process that may allow a person to apply for ownership of land they do not legally own. While sometimes referred to as “squatter’s rights”, adverse possession is not a simple process of claiming unused land. Applications require detailed evidence and must satisfy strict legal requirements.
In New South Wales (NSW), a person may be able to apply for ownership of land if they can prove continuous, exclusive possession for the required period and demonstrate that their occupation was without the registered owner’s permission. Generally, the relevant period for private land claims is 12 years.
However, occupying land for 12 years does not automatically result in ownership. The person making the claim must show they have treated the land as an owner would. For example, they may have fenced the area, maintained it, or exercised control over who could access it. Simply using a neighbour’s driveway, mowing a nature strip, or occasionally accessing another person’s land would not usually be enough to support a claim.
How can adverse possession affect NSW property owners?
Most land in NSW is held under the Torrens title system, which provides certainty around registered ownership. Therefore, adverse possession claims involving registered land are subject to significant restrictions.
In many cases, concerns arise because of boundary issues between neighbouring properties. For example, a fence may have been incorrectly positioned many years ago, resulting in one property owner using an area beyond their registered boundary. However, a misplaced fence does not automatically create ownership rights.
Instead, the circumstances surrounding the occupation must be carefully considered. The type of title, the history of the land, and the available evidence can all affect whether a claim may be successful.
For Torrens title land, NSW legislation places important limitations on adverse possession claims. In particular, claiming only part of a registered parcel of land can be highly restricted, which means many common boundary disputes do not result in a successful adverse possession claim.
What Evidence is Needed for an Adverse Possession Claim?
Evidence is a critical part of any adverse possession application. Therefore, property owners and claimants should keep accurate records relating to land use, boundaries, and any agreements with neighbouring owners.
Useful evidence may include survey plans, dated photographs, historical aerial images, council records, and statutory declarations from people familiar with the property. Additionally, correspondence between neighbours may help establish whether permission was given or whether the land was used without consent.
Importantly, adverse possession claims are determined through evidence rather than personal recollections. Statements such as “we have always used that area” may not be enough without supporting documentation.
Protecting Your Property Rights
If you believe a boundary issue or potential adverse possession claim may affect your property, it is important to seek advice early. Firstly, obtaining a current title search can help confirm ownership details and identify any registered interests affecting the land.
Furthermore, property owners should be cautious when allowing neighbours to use part of their land. If the registered owner has given permission to use the land, this may prevent the possession from being considered adverse.
A property survey may also help identify potential encroachments, boundary discrepancies, or areas requiring further investigation before they become disputes.
How our Team Can Help
Adverse possession claims can involve complex property laws, detailed evidence requirements, and potential disputes between neighbouring property owners. Therefore, obtaining legal advice early can help you understand your options and protect your property rights.
Our experienced property law team assists clients throughout NSW with property matters, including title issues, boundary disputes, and ownership concerns. We service clients across Byron Bay, Ballina, Lennox Head, Bangalow, Mullumbimby, Brunswick Heads, Ocean Shores, Suffolk Park, Alstonville, Lismore, and surrounding areas.
If you have concerns about an adverse possession claim or another property law matter, contact our team today for advice on 6687167.
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The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.