LLB220 Study Guide - Final Guide: Consideration, Adverse Possession, Fee Simple
Real Property Act
Section 45C Acquisition of possessory title to land under the Act
(1) Except to the extent that statutes of limitation are taken into consideration for the purposes of
this Part, no title to any estate or interest in land adverse to or in derogation of the title of the
registered proprietor shall be acquired by any length of possession by virtue of any statute
of limitations relating to real estate, nor shall the title of any such registered proprietor be
extinguished by the operation of any such statute.
(2) Subsection (1) does not prevent the acquisition of a title, adverse to or in derogation of the title
of the registered proprietor thereof, to an estate or interest in land brought under the provisions of
this Act by the creation of a qualified or limited folio of the Register by reason of possession of the
land for any length of time commencing before the creation of the folio.
Section 45D Application for title by possession
(1) Where, at any time after the commencement of this Part, a person is in possession of land
under the provisions of this Act and:
(a) the land is a whole parcel of land,
(b) the title of the registered proprietor of an estate or interest in the land would, at or before
that time, have been extinguished as against the person so in possession had the statutes
of limitation in force at that time and any earlier time applied, while in force, in respect of
that land, and
(c) the land is comprised in an ordinary folio of the Register or is comprised in a qualified or
limited folio of the Register and the possession by virtue of which the title to that estate or
interest would have been extinguished as provided in paragraph (b) commenced after the
land was brought under the provisions of this Act by the creation of the qualified or limited
folio of the Register, that person in possession may, subject to this section, apply to the
Registrar-General to be recorded in the Register as the proprietor of that estate or interest
in the land.
(2) Where, at any time after the commencement of this Part:
(a) a person is in possession of part only of a whole parcel of land, and
(b) any boundary that limits or defines the land in the person’s possession is, to the extent
that it is not a boundary of the whole parcel of land, an occupational boundary that
represents or replaces a boundary of the whole parcel, the person may, unless the part of
the whole parcel of which the person is in possession lies between such an occupational
boundary and the boundary of the whole parcel that it represents or replaces, apply to the
Registrar-General to be recorded in the Register as the proprietor of the same estate or
interest in that whole parcel of land as could have been the subject of an application by the
person under subsection (1) if the land in the person’s possession had been that whole
parcel of land and subsection (1) (b) and (c) had been complied with in relation thereto.
(2A) A person who:
(a) is in possession of part of a residue lot that could, if it had been a whole parcel of land,
have been the subject of an application by the person under subsection (1), and
(b) is (or is entitled to be) the registered proprietor of an estate in fee simple in land that
adjoins that lot, may apply to the Registrar-General to be recorded in the Register as the
proprietor of an estate in fee simple in land consisting of a consolidated lot comprising the
part of the residue lot in the person’s possession and the adjoining land.
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