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 2009 (SSC 2009): Spatial Diversity, 28 Sep-2 Oct 2009, Adelaide, Australia.

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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: Copyright 2009. It may be reproduced in whole or in part for the purposes of study, research, or review, but is subject to the inclusion of an acknowledgment of the source.
Faculty / Department / School: Historic - Faculty of Engineering and Surveying - Department of Surveying and Land Information
Date Deposited: 06 Jan 2010 00:04
Last Modified: 20 Nov 2015 05:07
Uncontrolled Keywords: adverse possession; trespass; land law; land title; Torrens system; land valuation; land registration
Fields of Research : 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 > 180122 Legal Theory, Jurisprudence and Legal Interpretation
Socio-Economic Objective: E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies

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