Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 7B

No title by adverse possession against Councils

7B. No title by adverse possession against Councils



(1) 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.

(2) This section does not apply to a possession of council land adverse to a
Council if-

   (a)  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

   (b)  that adverse possession is for more than 15 years.

(3) In this section-

Council has the same meaning as in the Local Government Act 1989; 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.