Untitled document

Limitation of Actions (Adverse Possession) Act 2004

Act No. 76/2004

table of provisions

Section  Page

Part 1—Preliminary

1.Purposes

2.Commencement

Part 2—Limitation of Actions Act 1958

3.New section 7B inserted

7B.No title by adverse possession against Councils

4.Division headings in Parts I and II inserted

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Endnotes

Limitation of Actions (Adverse Possession) Act 2004

[Assented to 9 November 2004]

The Parliament of Victoria enacts as follows:

Part 1Preliminary—

1.Purposes

The purposes of this Act are—

(a)to amend the Limitation of Actions Act 1958 to exempt land of which a Council is the registered proprietor from claims of adverse possession; and

(b)to provide transitional arrangements for certain claims of adverse possession against Councils.

2.Commencement

(1)Subject to sub-section (2), this Act comes into operation on a day to be proclaimed.

(2)If this Act does not come into operation before 1 January 2005, it comes into operation on that day.

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Part 2—Limitation of Actions Act 1958

3.New section 7B inserted

After section 7A of the Limitation of Actions Act 1958 insert—

'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.'.

4.Division headings in Parts I and II inserted

(1)In Part I of the Limitation of Actions Act 1958—

(a)before section 4 insert "Division 1—Application";

(b)for the heading "Actions of Contract, Tort etc." immediately preceding section 5 substitute "Division 2—Actions of Contract, Tort etc.";

(c)for the heading "Actions to Recover Land and Rent" immediately preceding section 7 substitute "Division 3—Actions to Recover Land and Rent";

(d)for the heading "Actions to Recover Money Secured by a Mortgage or Charge" immediately preceding section 20 substitute "Division 4—Actions to Recover Money Secured by a Mortgage or Charge";

(e)for the heading "Actions to Recover Imposts" immediately preceding section 20A substitute "Division 5—Actions to Recover Imposts";

(f)for the heading "Actions in Respect of Trust Property or the Personal Estate of Deceased Persons" immediately preceding section 21 substitute "Division 6—Actions in Respect of Trust Property or the Personal Estate of Deceased Persons".

(2)In Part II of the Limitation of Actions Act 1958—

(a)for the heading "Disability" immediately preceding section 23 substitute "Division 1—Disability";

(b)for the heading "Personal Injuries" immediately preceding section 23A substitute "Division 2—Personal Injuries";

(c)for the heading "Acknowledgment and Part Payment" immediately preceding section 24 substitute "Division 3—Acknowledgment and Part Payment";

(d)for the heading "Fraud and Mistake" immediately preceding section 27 substitute "Division 4—Fraud and Mistake".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 16 September 2004

Legislative Council: 13 October 2004

The long title for the Bill for this Act was "to amend the Limitation of Actions Act 1958 to exempt council land from adverse possession."