For a squatter to take ownership of a property, they must possess or occupy the land continuously for at least 20 years, and be fairly visible in doing so. For example, having grazing livestock, planting crops and trees, or living in a building for 20 years are good indicators of continuous possession.
The requirement of continuous possession is an important one, as it means applicants can’t make a retrospective claim. For example, if a house has been abandoned for 20 years someone can’t decide they’d quite like to move in and claim ownership. The key is to use the property for 20 continuous years, and better still, be seen to be using it.
What happens when that 20-year milestone has been reached?At this point, the squatter can apply to Land Information New Zealand (LINZ) to have possession converted to ownership. Under the 2017 law, registered landowners do not have to be contacted directly before ownership is transferred. If public notices advising of the application are not responded to in the form of a caveat being placed on the title, and if the applicant can indeed prove continuous possession of the land for at least 20 years, there is no reason under the Land Transfer Amendment Act of 1963 why they can’t become the official owners of the property.
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