Section 39 — Limitation Act 1969 (NSW)

Formal entry and claim

For the purposes of this Act—
(a) a formal entry on land is not of itself possession or evidence of possession of the land, and
(b) a claim upon or near land does not preserve a cause of action to recover the land.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 36 — Equitable interest
s 37 — Settled land
s 38 — Adverse possession
s 40 — Mortgage under Real Property Act 1900
s 41 — Redemption
s 42 — Action for principal, possession or foreclosure

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