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

Simmons, Shane (2010) Part-parcel adverse possession as a means to resolving problem survey areas. In: XXIV FIG International Congress 2010 (International Federation of Surveyors), 11-16 April 2010, Sydney, Australia.

[img]
Preview
PDF (Accepted Version)
Simmons_FIG2010_AV.pdf

Download (735Kb)

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.


Statistics for USQ ePrint 18492
Statistics for this ePrint Item
Item Type: Conference or Workshop Item (Commonwealth Reporting Category E) (Paper)
Refereed: Yes
Item Status: Live Archive
Additional Information: Authors retain copyright. Papers published at http://www.fig.net/pub/fig2010
Depositing User: Mr Shane Simmons
Faculty / Department / School: Historic - Faculty of Engineering and Surveying - Department of Surveying and Land Information
Date Deposited: 29 Apr 2011 05:24
Last Modified: 03 Jul 2013 00:31
Uncontrolled Keywords: adverse possession, land re-adjustment, problem survey area, land management, cadastre
Fields of Research (FOR2008): 09 Engineering > 0909 Geomatic Engineering > 090999 Geomatic Engineering not elsewhere classified
Socio-Economic Objective (SEO2008): E Expanding Knowledge > 97 Expanding Knowledge > 970104 Expanding Knowledge in the Earth Sciences
URI: http://eprints.usq.edu.au/id/eprint/18492

Actions (login required)

View Item Archive Repository Staff Only