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


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." Ostendorf, Bertram, Baldock, Penny, Bruce, David, Burdett, Mike and Corcoran, Paul (ed.) 2009 Surveying and Spatial Sciences Institute Biennial International Conference (SSC 2009): Spatial Diversity. Adelaide, Australia 28 Sep - 02 Oct 2009 Adelaide, Australia.
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

Presentation TypePaper
Authors
AuthorSimmons, Shane
EditorsOstendorf, Bertram, Baldock, Penny, Bruce, David, Burdett, Mike and Corcoran, Paul
Journal or Proceedings TitleProceedings of the 2009 Surveying and Spatial Sciences Institute Biennial International Conference 2009 (SSC 2009)
ERA Conference ID60713
Number of Pages13
Year2009
Place of PublicationAdelaide, Australia
ISBN9780958136686
Web Address (URL) of Paperhttp://www.ssc2009.com/
Conference/Event2009 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.
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.

Keywordsadverse possession; trespass; land law; land title; Torrens system; land valuation; land registration
ANZSRC Field of Research 2020480604. 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 AffiliationsDepartment of Surveying and Land Information
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