Carver v NSW

[2024] NSWCA 10

NSW Court of Appeal

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Interrogate

Catchwords

1. Land Law
2. › Crown land
3. › Claim by Crown for possession of Crown land
4. › Whether claim statute barred on basis of adverse possession for over 30 years
5. › Effect of s 13.1 of Crown Land Management Act 2016 (NSW)
6. › Whether s 13.1 precludes defence that Crown's action is statute barred
7. › Limitation Act 1969 (NSW), ss 8, 27, 38, 65
8. › Crown Land Management Act 2016 (NSW), s 13.1
1. Land Law
2. › Adverse possession
3. › Intention to possess (animus possidendi)
4. › Where rent paid to the Crown
5. › Where occupant sought to regularise occupation by seeking permissive occupancy or licence from Crown
6. › Whether payment of rent inconsistent with animus possidendi
7. › Whether attempts to obtain licence inconsistent with animus possidendi
8. › Limitation Act 1969 (NSW), ss 27, 38
1. Land Law
2. › Crown land
3. › Permissive occupancies
4. › Whether permissive occupancy terminated on death of holder
5. › Where terms of permissive occupancy not in evidence
6. › Crown Lands Consolidation Act 1913 (NSW), s 136K

Quick Take

Section 13.1 of the Crown Land Management Act 2016 (NSW) precludes reliance on adverse possession as a defence to the Crown's claim for possession of reserved Crown land, and payment of rent to the Crown and attempts to obtain a licence are inconsistent with the animus possidendi required for adverse possession.