An Adverse View of Adverse Possession

Gray, Anthony ORCID: https://orcid.org/0000-0001-9565-475X (2022) An Adverse View of Adverse Possession. Australian Law Journal, 96 (1). pp. 21-35. ISSN 0004-9611


Abstract

The doctrine of adverse possession, under which a trespasser to property belonging to another might ultimately become the legal owner of it, continues to be applied in Australian and United Kingdom courts. Though it may have made sense centuries ago, it has become increasingly difficult to justify the doctrine. It has been stridently criticised by the judiciary and academy. It appears at odds with the law's general reluctance to permit individuals to profit from wrongdoing, and the Torrens system of title by registration. This article critiques the doctrine, suggesting significant reform is necessary.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 16 Mar 2022 23:08
Last Modified: 16 Mar 2022 23:08
Uncontrolled Keywords: adverse possession; Torrens ex turpi causa
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180124 Property Law (excl. Intellectual Property Law)
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4806 Private law and civil obligations > 480604 Property law (excl. intellectual property law)
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
Socio-Economic Objectives (2020): 23 LAW, POLITICS AND COMMUNITY SERVICES > 2304 Justice and the law > 230405 Law reform
URI: http://eprints.usq.edu.au/id/eprint/46938

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