An overview of adverse possession in Australia within the framework of the Torrens system of land registration and comment on a related court case

Simmons, Shane (2009) An overview of adverse possession in Australia within the framework of the Torrens system of land registration and comment on a related court case. In: 2009 Surveying and Spatial Sciences Institute Biennial International Conference: Spatial Diversity (SSC 2009), 28 Sep-2 Oct 2009, Adelaide, South Australia.

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Abstract

In October 2008, a decision was made in the Land Court of Queensland regarding an appeal against an annual valuation of land pursuant to the Valuation of Land Act 1944 (Qld). Aside from the fundamental issue regarding valuation of the subject land, the case, Tardent v Department of Natural Resources, Mines and Water [2008] QLC also raised issues regarding adverse possession and access by encroachment on land gazetted as a nature conservation reserve. Given that each state and territory adopted the Torrens system of land registration and within the framework of legislation for each state and territory a degree of uniformity of solution could be expected? Surprisingly if the scenario was applied to the other states and territories a wide variety of solutions is possible depending upon individual state legislation. The solutions range from easement creation to adverse possession to revocation of nature conservation reserve which emphasises the need for property law reform within the states and territories. The aim of this paper is to examine state legislation to determine the likely most probable solution for the states and territories given the elements of the case and the conclusion will highlight the desire for standardised state legislation and operation of the Torrens system of land registration


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Item Type: Conference or Workshop Item (Commonwealth Reporting Category E) (Paper)
Refereed: Yes
Item Status: Live Archive
Additional Information: This article was peer reviewed by two independent and anonymous reviewers. No evidence of copyright restrictions on web site.
Depositing User: Mr Shane Simmons
Faculty / Department / School: Historic - Faculty of Engineering and Surveying - Department of Surveying and Land Information
Date Deposited: 06 Jan 2010 00:04
Last Modified: 02 Jul 2013 23:30
Uncontrolled Keywords: adverse possession; trespass; land law; land title; Torrens system; land valuation; land registration
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180124 Property Law (excl. Intellectual Property Law)
09 Engineering > 0909 Geomatic Engineering > 090906 Surveying (incl. Hydrographic Surveying)
18 Law and Legal Studies > 1801 Law > 180111 Environmental and Natural Resources Law
Socio-Economic Objective (SEO2008): E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/6201

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