Claiming a Sliver Lot

NOTE: All Statutory Declarations and evidence that are lodged in support of land dealings will be treated as publicly accessible and will be disclosed to persons upon request.

The Statutory Declaration(s) must accompany a Deposited Plan of Consolidation.

This page is to assist an adjoining owner in claiming ownership of a sliver lot identified in a registered deposited plan.  This page may also be accessed at (xx) to enable you to open those further links referred to within this document.

Slivers are small strips of land that are sometimes created when Old System or Limited title parcels are surveyed for conversion to a full Torrens title. They arise when part of the land in the Old System Deed or Limited Torrens folio has been adversely occupied by an adjoining owner for a period of greater than 12 years.

To assist an adjoining owner claim formal ownership of a sliver lot, a simplified and less expensive application process has been introduced. This process requires an adjoining owner to lodge:

• A statutory declaration. This will confirm that the adjoining owner meets the evidentiary possessory requirements to allow the application to proceed; and

• A deposited plan of consolidation. This will consolidate, into one new Lot, land already in the ownership of the adjoining owner with the sliver lot.

Statutory declaration

The statutory declaration must be made by the adjoining owner, being the applicant (if there is more than one applicant each must provide a statutory declaration), the applicant's attorney or an authorised officer (the nature of the authority must be disclosed) and must be witnessed by a prescribed functionary. Where the declaration has been made outside NSW reference to the Oaths Act 1900 must be deleted, the relevant Act must be inserted, and the alteration verified.

Each applicant(s) should make statements about the following:

• Information about the sliver lot claimed:

  • the reference to title for the sliver lot must be stated
  • the full name of the applicant(s) must be stated
  • if there is more than one applicant the tenancy/shares in which they hold the land

 

• Full details about the possession, including:

  • the applicant(s) name, age and address
  • the applicant(s) means of obtaining knowledge about the possession, to the best of their information and belief
  • to the best of their information and belief, the time and circumstances under which the possession relied on commenced (in instances where the applicant(s) relies on a chain of possession)
  • when and how possession by applicant(s) commenced
  • the manner and extent to which the land has been used and occupied, including detailed particulars of any acts of ownership upon which the allegation of possession is based
  • the nature of any improvements (for example any buildings, fences etc.) on the land, when they were constructed and by whom

 

• Full details of other matters or claims that would prevent the application being granted. For this purpose, the following declarations must be included:

  • whether the applicant(s) has heard of, or is aware of, any claim adverse to their or their predecessors in possession i.e. a claim over land by some other person. If aware, full details must be provided
  •  
  • whether the applicant(s) have heard of, or is aware of, any litigation involving the subject land. If aware, full details must be provided including the nature and result of such litigation
  • whether the applicant(s) is aware of any restrictive covenant, or easement affecting the subject land, and if so provide details
  • whether, to the applicant’s knowledge, the applicant(s) or their predecessors in possession have at any material time acknowledged the title of, or paid rent to any person
  • that the Limitations Act 1969 will not prohibit a possessory title being acquired against the persons interested in the land at law or in equity.

The above provides a guide about the type of information which is to be included in a declaration. Declarants must ensure that the evidence provided is applicable to the circumstances of each claim. Requisitions will be raised in instances where the statutory declaration is incomplete or has been copied from a guide or publication with information that is not applicable to the application.

NOTE: Every possessory application is different, and NSW LRS may require that additional evidence in the form of statutory declaration is provided to prove the possession of the sliver lot by the applicant(s).

Deposited plan of consolidation

A new deposited plan is required consolidating, into one Lot, land already in the ownership of the adjoining owner (applicant(s)) with the sliver lot.

Information on the requirements for the preparation of a plan of consolidation can be found here.

NOTE: that if the folio of the Register owned by the applicant(s), is a limited folio then a plan of survey for the consolidation will be required.

Additional requirements

Where the adjoining owner’s land is Torrens title:

• There may be instances where a compiled plan is acceptable.
• The written consent of the mortgagee, chargee, or covenant chargee must be provided.

Where the adjoining owner’s land is Limited (whether or not also a qualified title):

• The deposited plan of consolidation must be a plan of survey.
• The written consent of any mortgagee, chargee or covenant chargee must be provided

Where the adjoining owner’s land is Old System land:

• The deposited plan of consolidation must be a plan of survey
• A Primary Application must be lodged regarding the sliver lot/s and the fee simple of adjoining owner’s land and must be accompanied by the written consent of any mortgagee, incumbrancee or covenant chargee.

 
NOTE: In all other circumstances, NSW LRS will consider whether a plan of survey or a Primary Application is required. Enquiries should be made with PlanInquiry@nswlrs.com.au before a plan is lodged with NSW LRS.

NOTE: NSW LRS will consider the requirement for additional consents on review of the deposited plan (please see section 195D Conveyancing Act 1919).

Additional information concerning the requirements for a plan including a sliver lot can be found on the Registrar General’s Guidelines page Slivers.

Additional information concerning any applicable fees can be found on the NSW LRS fees page.