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: 24th International Federation of Surveyors International Congress (FIG 2010): Facing the Challenges - Building the Capacity, 11-16 April 2010, Sydney, Australia.

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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.

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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
Faculty / Department / School: Historic - Faculty of Engineering and Surveying - Department of Surveying and Land Information
Date Deposited: 29 Apr 2011 05:24
Last Modified: 26 Sep 2016 00:28
Uncontrolled Keywords: adverse possession, land re-adjustment, problem survey area, land management, cadastre
Fields of Research : 09 Engineering > 0909 Geomatic Engineering > 090999 Geomatic Engineering not elsewhere classified
Socio-Economic Objective: E Expanding Knowledge > 97 Expanding Knowledge > 970104 Expanding Knowledge in the Earth Sciences

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