Hardy v Sidoti [2020] NSWSC 1057

Hardy v Sidoti [2020] NSWSC 1057

Mr Hardy established factual possession and animus possidendi over the Yellow Land by landscaping, exclusive use, and incorporation into his backyard starting from at least May 2002 or January 2005. This possession predated conversion of the Sidoti Property to limited title. As such, s 45C(2) of the Real Property Act preserved his possessory title, and the Limitation Act had extinguished the documentary owners' title before the transfer to the defendants. Accordingly, Mr Hardy had acquired a possessory title to the Yellow Land and the indefeasibility provisions did not operate to defeat it.

Parties
Plaintiff: Christopher Luke Hardy; First Defendant: Joseph Geoffrey Sidoti; Second Defendant: Natalie Martinoski
Jurisdiction
Australia
Judgment Date
12 August 2020
Procedural Posture
Principal Judgment / Judgment
Outcome
Plaintiff's claim upheld
Legal Topics
Adverse Possession, Possessory Title, Conversion to Limited Title, Torrens Title, Trespass
Land Law Adverse Possession Possessory Title Conversion to Limited Title Torrens Title Trespass

Case Brief

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Parties

Christopher Luke Hardy

Plaintiff

Joseph Geoffrey Sidoti

First Defendant

Natalie Martinoski

Second Defendant

Procedural Posture

Principal Judgment / Judgment

Legal Issues

  1. 1 Whether the plaintiff acquired possessory title by adverse possession to the Yellow Land
  2. 2 Whether possessory title provisions of Real Property Act apply to limited title land
  3. 3 Whether the plaintiff's rights survived conversion of land to limited title

Ratio Decidendi

Mr Hardy established factual possession and animus possidendi over the Yellow Land by landscaping, exclusive use, and incorporation into his backyard starting from at least May 2002 or January 2005. This possession predated conversion of the Sidoti Property to limited title. As such, s 45C(2) of the Real Property Act preserved his possessory title, and the Limitation Act had extinguished the documentary owners' title before the transfer to the defendants. Accordingly, Mr Hardy had acquired a possessory title to the Yellow Land and the indefeasibility provisions did not operate to defeat it.

Court Disposition

Plaintiff's claim upheld

Orders

  • Declaration that the plaintiff acquired possessory title to the Yellow Land by adverse possession
  • Declaration that the defendants' title to the Yellow Land is extinguished