Part-parcel adverse possession as a means to resolving problem survey areas

Abstract

[Summary]: Each state and territory within Australia adopted the Torrens system of land title registration whereby a principal feature of the Torrens system is the notion of an indefeasible title affording protection to registrable interests by the act of a registered proprietor holding the land absolutely free from all encumbrances except those noted on the register. There are a number of exceptions, one of which is not usually recognised - the loss of legal title through an application for possessory title by adverse possession. Adverse possession can be legislated as either a whole parcel or a part-parcel application. Within all states in Australia problem survey areas exist where the accuracy of modern measurment techniques when applied over surveys completed pre-electronic distance measurement will raise the issue of reinstatement by mathematical solution versus occupation based upon earlier surveys. A problem survey can exist where mathematical solutions and occupation vary greatly. This paper examines the application of part-parcel adverse possession as a means to resolve problem survey areas where agreement between land owners is not likely to be achieved where land readjustment between adjoining owners is desirable to maintain an accurate cadastre.