13Limitation on acquisition of title by possession against Crown

13 Limitation on acquisition of title by possession against Crown

13.1 Limitation on acquisition of title by possession against Crown

(1) Title, based on adverse possession, cannot be claimed or established against the Crown for any of the following—

(a) land of the Crown that has been—

(i) set out as a road under an Act or in connection with the alienation of land of the Crown, or

(ii) left between Crown grants for use as a road or driftway, or

(iii) reserved in a Crown grant or recorded in a folio of the Register as being reserved to the Crown,

(b) any land of the Crown that has been dedicated or reserved under the Crown Land Acts or any other Act for a public purpose,

(c) any other Crown land.

(2) Also, title, based on adverse possession, cannot be claimed or established against a person holding land referred to in subsection (1) (a) or (b) in trust for a public purpose.

(3) This section does not affect—

(a) (Repealed)

(b) the title to any land referred to in section 170 (5) of the Crown Lands Act 1989 immediately before the Act’s repeal.

s 13.1: Am 2021 No 10, Sch 3.12[2].