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Infrastructure Engineering - Research Publications
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ItemGroundhog day, ..., again! [Review of the book Geographic information science: mastering the legal issues]Park, M. M. ( 2006)The disappointed reviewer concludes that this text is no better than the previous text by the author (also reviewed by the reviewer seven years ago in the Law Institute Journal). This latter book is much less expensive than the earlier one that carried a RRP of $215...Reviewer.
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ItemThe need to provide for boundary adjustments in a registered title land systemPark*, MM ; Williamson, IP (Informa UK Limited, 2003-06)
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ItemAn Englishman looks at the Torrens System - another look 50 years onPark, M. M ; Williamson, I. P. ( 2003)In the 50 years since this journal published Ruoff's widely cited four part article there has been much incremental change to the different Australian Torrens systems of registered land title in addition to some radical re-interpretation of title registration basics. Further, the basis for Ruoffs observations on the Australian systems has been wholly replaced by the Land Registration Act 2002 passed in early 2002. It is an opportune time to update "An Englishman..".
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ItemThe Need for Boundary Adjustments in the Proposed Hong Kong Title Registration BillPark, M ; WILLIAMSON, IP ( 2003)
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ItemA uniform approach to boundary location discrepancies: promoting and proscribing the reform of the land title registerPark, M. M. ; Williamson, I. P. ( 2001)Adverse possession of part parcels permits the variation, rectification, and re-adjustmentof boundaries with boundary definition being essential to parcel-based spatial data sets.Adverse possession and part parcel adverse possession address (and provide a possiblesolution to) two distinct problems by providing a single solution. It is suggested thatutilizing adverse possession as a solution to boundary location discrepancy isinappropriate.Also, if a national cadastre is to become a reality, a basic requirement is a unifiednational law regarding land ownership. In turn this will require a unified approach to theissue of adverse possession of registered title land and particularly adverse possession ofpart of a land parcel. The authors view this issue as a major obstacle in achieving aunified national cadastral survey practice. This fundamental distinction requiresresolution as a necessary step towards a unified approach ultimately leading to anintegrated national cadastre.In this paper the authors analyse recent changes and current proposals for reform andoffer the conclusion that reluctance to change is but a small obstacle to reform. Howeverthis optimistic conclusion is offset by misgivings with regard to the manner with whichreforms are accomplished.
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ItemExposing the failings of our betters: bad laws don't improve with agePark, M. M. ( 2003)There exists a divergence in the Australian States registered land title("Torrens") systems and their approach to the indefeasibility of the titleof the registered proprietor who has gained registration other than as abona fide purchaser for value. The Victorian approach following a 1958Supreme Court (King v Smail) decision is that such a registered proprietoronly acquires "deferred" indefeasibility. This article seeks to explainthe error associated with this decision and argues that a registered titlesystem requires that upon registration the registered proprietor acquiresan absolute title whether or not the registered proprietor was a bona fidepurchaser for value without notice. Except in cases involving fraud, thereis no scope for degrees of title in a registered land title system.Consequently the Victorian system should be brought into line with themodern approach as exemplified by statute in Queensland and the NorthernTerritory and caselaw in New South Wales and Western Australia.
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ItemTechnical note: a review of the Victoria-New South Wales borderPark, M. M. ( 2005-12)A review of the NSW Solicitor-General's 1912 opinion on the validity of the claim by the State of Victoria that the territory lying between the Murrumbidgee and MurrayRivers (and known as the Riverina) rightfully lies within the jurisdiction of Victoria (and not within that of NSW).
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Item[Review of the book Shark tales: true (and amazing) stories from America's lawyers]Park, M. M. (Law Institute of Victoria, 2001)Collection of legal anecdotes by Ron Liebman entitled Shark Tales is a disappointing read.