No title by adverse possession against Councils
7B No title by adverse possession against Councils
S. 7B inserted by No. 76/2004 s. 3.
Despite any rule of law or provision made by or under this or any other Act, but without limiting section 7, the title of a Council to council land is not affected by reason only of any possession of that land adverse to the Council, irrespective of the period of that possession.
This section does not apply to a possession of council land adverse to a Council if—
an application for title to all or part of that council land based on that adverse possession is made to the Registrar before, or within 12 months after, this section commences; and
that adverse possession is for more than 15 years.
In this section—
S. 7B(3) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 61).
Council has the same meaning as in the Local Government Act 2020;
council land means land of which a Council is a registered proprietor under the Transfer of Land Act 1958;
registered proprietor and Registrar have the same meanings as in the Transfer of Land Act 1958.
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