An Adverse View of Adverse Possession
Article
Gray, Anthony. 2022. "An Adverse View of Adverse Possession." Australian Law Journal. 96 (1), pp. 21-35.
Article Title | An Adverse View of Adverse Possession |
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ERA Journal ID | 33861 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Australian Law Journal |
Journal Citation | 96 (1), pp. 21-35 |
Number of Pages | 15 |
Year | 2022 |
Publisher | Lawbook Co. |
Place of Publication | Australia |
ISSN | 0004-9611 |
Web Address (URL) | https://support.thomsonreuters.com.au/product/westlaw-au/updates-alerts/recent-journal-updates |
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. |
Keywords | adverse possession; Torrens ex turpi causa |
ANZSRC Field of Research 2020 | 480604. Property law (excl. intellectual property law) |
Byline Affiliations | School of Law and Justice |
Institution of Origin | University of Southern Queensland |
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https://research.usq.edu.au/item/q70yz/an-adverse-view-of-adverse-possession
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