The idea that someone can acquire ownership of property simply by occupying it for long enough tends to attract attention. Stories about ‘squatters’ rights’ often suggest that long-term use alone can override a registered title. In reality, the legal position is far more restrictive.
The dispute in Willis v NSW Land Registry Services
The 2024 New South Wales Supreme Court decision in Willis v NSW Land Registry Services illustrates how difficult it is to displace registered ownership under the doctrine of adverse possession.
In that matter, the court was asked to consider whether an occupier who had used a residential property for an extended period could obtain ownership in place of the registered proprietor. The occupier argued that years of occupation and use should result in title being transferred. The Supreme Court rejected that claim.
Under New South Wales law, ownership recorded on the Torrens title system carries significant weight. The Real Property Act 1900 (NSW) protects the integrity of the register, meaning that any claim seeking to override registered title faces a high threshold.
What is required for adverse possession?
An adverse possession claim, sometimes described informally as a “squatters rights” claim, requires more than long-standing occupation. The occupation must be:
- Exclusive
- Continuous
- Open and without the true owner’s permission
- Inconsistent with the rights of the registered owner.
It must also persist for the statutory limitation period.
Importantly, the conduct relied upon must demonstrate that the occupier has effectively taken possession of the land to the exclusion of the legal owner. Casual use, informal arrangements or assumptions about boundaries are unlikely to satisfy that test.
In Willis, the court found that the strict elements required to establish adverse possession had not been met and that time alone was not enough.
Why disputes arise
Cases of this kind often arise where property boundaries are treated as settled in practice but have not been formally documented.
Long-term use of a driveway, garden strip or outbuilding may go unchallenged for years. When ownership is later tested, however, the legal position is determined by title and statutory requirements, not by assumption.
The decision serves as a reminder that adverse possession is an exception, not the norm, and that registered ownership is not easily displaced.
Practical considerations
For property owners, maintaining clear records and addressing informal arrangements early can reduce the risk of disputes later on. For occupiers, relying on long-term use without understanding the legal position can lead to disappointment if a claim is contested.
Aubrey Brown Lawyers advises on property ownership, agreements and disputes, including matters involving adverse possession. Clear documentation and timely advice can help protect property rights before issues escalate.
To arrange an appointment with our team, call (02) 4350 3333 or visit aubreybrown.com.au.
