New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 119

119 Defendant’s entitlements where improvements have been made

(1) This section applies to proceedings for the possession or recovery of land in the circumstances referred to in section 118 (1) (e) or (f).

(2) If the defendant or any person through whom the defendant claims has made improvements to the land before the proceedings are commenced:

(a) the fact that the improvements have been made may be pleaded by the defendant, and

(b) if the plaintiff’s title to the land is established:

(i) the value of the improvements, and

(ii) the value of the land without the improvements,

are to be separately assessed.

(3) An order for the possession or recovery of the land is not to be made until an amount equivalent to the value of the improvements, less the plaintiff’s costs in the proceedings, is paid into court for payment to the defendant.

(4) If that amount is not paid within 3 months after the assessment is made:

(a) the plaintiff ceases to be entitled to possession of the land and becomes entitled only to an amount equivalent to the sum of:

(i) the value of the land without the improvements, and

(ii) the plaintiff’s costs in the proceedings, and

(b) on paying that amount to the plaintiff, the defendant becomes entitled to retain possession of the land.