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Medium Neutral Citation: [2021] NSWCA 105
Hearing Date(s): 25 November 2020
Date of Orders: 26 May 2021
Decision Date: 26 May 2021
Before: Basten JA at [1];
Brereton JA at [45];
Simpson AJA at [179]
Decision: (1) Leave to appeal be granted; and
(2) The appeal be dismissed, with costs.
Catchwords: LAND LAW – Adverse possession – Actual possession
– Old system title – Conversion to Torrens title –
Limited title – Indefeasibility of title – Exceptions to
indefeasibility – Where successful claim at trial in
respect of adverse possession of small portion of a
‘dunny lane’ commencing before creation of limited folio
– Whether statutory possessory application over
Torrens title land able to be made – Alternatively,
whether adverse possession claims preserved at
common law by reason of possession for any length of
time commencing prior to creation of folio – Whether
wrong description of parcel or boundaries in
circumstances where adverse possessory claim
inchoate but not crystallised at time of conversion –
Appeal dismissed.
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The land law of New South Wales is a highly complex and extremely sophisticated system of regulating real property rights. I bring forty years of experience to the practice of land law.
My practice is centred on all and any land title problems with a special focus on creating efficient solutions; in particular, any matter arising under the Real Property Act 1900 or its cognate legislation.
I was formerly an examiner of title (senior legal officer) at the NSW Land Registry Service (then Land Titles Office) for fourteen years.
I have worked on land law and land policy not only in New South Wales but also the United Nations Department of Peacekeeping Operations, Habitat (UN Centre for Human Settlements) and the Governments of Indonesia, East Timor and Bangladesh.
I have held positions as Lecturer at the University of New South Wales School of Geomatics and Teacher at The Sydney Institute (TAFE).
Please see my Curriculum VItae for further particulars of my work as a lawyer since being admitted to the Supreme Court of New South Wales in 1986.
Please feel free to email me at warren@wrightlawyer.com.au
PO Box 659 Potts Point NSW 1335
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