An overview of adverse possession in Australia within the framework of the Torrens system of land registration and comment on a related court case
Paper
Paper/Presentation Title | An overview of adverse possession in Australia within the framework of the Torrens system of land registration and comment on a related court case |
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Presentation Type | Paper |
Authors | |
Author | Simmons, Shane |
Editors | Ostendorf, Bertram, Baldock, Penny, Bruce, David, Burdett, Mike and Corcoran, Paul |
Journal or Proceedings Title | Proceedings of the 2009 Surveying and Spatial Sciences Institute Biennial International Conference 2009 (SSC 2009) |
ERA Conference ID | 60713 |
Number of Pages | 13 |
Year | 2009 |
Place of Publication | Adelaide, Australia |
ISBN | 9780958136686 |
Web Address (URL) of Paper | http://www.ssc2009.com/ |
Conference/Event | 2009 Surveying and Spatial Sciences Institute Biennial International Conference (SSC 2009): Spatial Diversity |
Surveying and Spatial Sciences Institute Biennial International Conference | |
Event Details | 2009 Surveying and Spatial Sciences Institute Biennial International Conference (SSC 2009): Spatial Diversity Parent Surveying and Spatial Sciences Institute Biennial International Conference Event Date 28 Sep 2009 to end of 02 Oct 2009 Event Location Adelaide, Australia |
Event Details | Surveying and Spatial Sciences Institute Biennial International Conference |
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. |
Keywords | adverse possession; trespass; land law; land title; Torrens system; land valuation; land registration |
ANZSRC Field of Research 2020 | 480604. Property law (excl. intellectual property law) |
401306. Surveying (incl. hydrographic surveying) | |
480410. Legal theory, jurisprudence and legal interpretation | |
Public Notes | 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. |
Byline Affiliations | Department of Surveying and Land Information |
https://research.usq.edu.au/item/9z535/an-overview-of-adverse-possession-in-australia-within-the-framework-of-the-torrens-system-of-land-registration-and-comment-on-a-related-court-case
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