Background

Thirty-five years ago, a farmer signed an Agreement for Sale and Purchase to buy a neighboring property. However, the vendor moved overseas before transferring the title, and has not been located since. The farmer moved into the property due to its better housing but never gained legal ownership, effectively making him a squatter.

Do Squatters’ Rights Exist in New Zealand?

Yes, squatters’ rights do exist in New Zealand, though they are rare. These rights are based on the principle of adverse possession.

What is Adverse Possession?

Adverse possession, commonly known as squatting, is a legal doctrine that allows a person to claim ownership of land they have occupied for an extended period under certain conditions. This can apply when the registered owner has abandoned the land, and the squatter has held continuous possession.

How to Claim Adverse Possession

To convert possession into ownership, an application must be made to the Registrar General of Land. The applicant must demonstrate:

– Continuous Possession: The land must be occupied continuously for at least 20 years. This can be shown by fencing the land, grazing cattle, or living in a house on the land continuously.

– Ongoing Possession: The applicant must still be in possession of the land when making the application.

Legal Process

If the requirements are met, the Registrar General of Land can cancel the existing title and issue a new one in the applicant’s name. The process includes:

– Notice and Service: Notification and service of the application to any relevant parties.

– Publication: Publishing the possession notice at least twice in a local newspaper to inform potential claimants.

Challenges and Rarity

Obtaining ownership through adverse possession in New Zealand is challenging due to the stringent requirements. As a result, cases of squatters successfully gaining land ownership are rare.

Case Example

In the case of the farmer who occupied the land for thirty-five years, he met the requirement for continuous possession. Therefore, he was eligible to apply for adverse possession and potentially obtain legal ownership of the property.

While adverse possession offers a legal pathway for squatters to gain land ownership in New Zealand, the high threshold for proving continuous possession makes successful claims uncommon. Nonetheless, the statutory right exists, and in certain circumstances, such as the farmer’s case, it can be a viable option.