Infrastructure Engineering - Research Publications

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    Unfinished business: completing the mudmap on the riverbed - the legal lacuna in the tri-state area of the River Murray (Part 2)
    Park, M. M. ; Williamson, I. P. (Law Society of South Australia, 2008)
    With the approaching centenary of the Victorian-South Australian border litigation, the necessity of restoring and maintaining river flows in the Murray-Darling Basin river system including the equitable allocation of rights to those flows, and the failure of the four states and the Commonwealth to agree on the future co-operative administration of the Basin, the authors offer their resolution of the ‘missing’ border in the tri-state area of Victoria, New South Wales, and South Australia in the locale of Mildura-Wentworth-Renmark where the three states abut. The resolution of the missing border is essential to the proper exercise of spatial or territorial jurisdiction. Although of small consequence for the past 150 years the time is approaching when this issue must be resolved: it is ‘unfinished business’.
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    Unfinished business: completing the mudmap on the riverbed - the legal lacuna in the tri-state area of the River Murray (Part 1)
    Park, M. M. ; Williamson, I. P. (Law Society of South Australia, 2008)
    With the approaching centenary of the Victorian-South Australian border litigation, the necessity of restoring and maintaining river flows in the Murray-Darling Basin river system including the equitable allocation of rights to those flows, and the failure of the four states and the Commonwealth to agree on the future co-operative administration of the Basin, the authors offer their resolution of the ‘missing’ border in the tri-state area of Victoria, New South Wales, and South Australiain the locale of Mildura-Wentworth-Renmark where the three states abut. The resolution of the missing border is essential to the proper exercise of spatial or territorial jurisdiction. Although of small consequence for the past 150 years the time is approaching when this issue must be resolved: it is ‘unfinished business’.
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    Adverse possession of Torrens land: Parliamentary inquiry strays out of bounds
    PARK, MALCOLM ; TING, LISA ; WILLIAMSON, IAN ( 1998-12)
    Current Australasian (including Victorian and NSW) schemes regarding adverse possession of land are reviewed in light of a Victorian Parliamentary committee Fences Act inquiry report, due shortly, which may recommend adoption of NSW practice with respect to adverse possession.
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    Australian cadastres: the role of adverse possession of part parcels
    Park, M. M. ; Williamson, I. P. ( 1999)
    A comprehensive land information management system should ideally disclose the complete legal status of all land with disclosure of all public and private rights and restrictions, including rights acquired under adverse possession. Recognizing trends to develop national spatial data sets, if a national cadastre is ever to be considered, a basic requirement will be a unified national law regarding land ownership. In turn this will require a unified approach to the issue of adverse possession of registered title land and particularly adverse possession of part of a land parcel, which is, in the authors' view, a major obstacle in achieving this vision. With this in mind a review is given of current Australian (particularly Victorian and NSW) schemes regarding adverse possession of part of a registered title land parcel to indicate those fundamental differences requiring possible resolution.
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    The need to provide for boundary adjustments in a registered title land system
    Park*, MM ; Williamson, IP (Informa UK Limited, 2003-06)
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    An Englishman looks at the Torrens System - another look 50 years on
    Park, 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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    The effect of adverse possession to part of a future Australian cadastre
    Park, M. M. ; Williamson, I. P. ( 1999)
    In accord with modern cadastral principles, a comprehensive land informationmanagement system should ideally disclose the complete legal status of all land withthe disclosure of all public and private rights and restrictions, including rightsacquired under adverse possession. Recognizing trends to develop national spatialdata sets, if a national cadastre founded upon these data sets is ever to be considered,a basic requirement will be a unified national law regarding land ownership. In turnthis will require a unified approach to the issue of adverse possession of registeredtitle land and particularly adverse possession of part of a land parcel. The authorsview this issue as a major obstacle in achieving a unified national cadastral surveypractice. This fundamental distinction requires resolution as a necessary step towardsa unified approach ultimately leading to an integrated national cadastre. Adversepossession of part parcels permits the variation, rectification, and re-adjustment ofboundaries with boundary definition being essential to parcel based spatial data sets.Wishing to promote consideration and debate on the issue the authors propose that thecurrent Australian state schemes be categorized according to whether they permit partparcel adverse possession and suggest some possible options. The authors concludethat all Australian jurisdictions except New South Wales, South Australia, and thetwo territories (the Australian Capital Territory and the Northern Territory) permitpart parcel adverse possession of registered title land.
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    A uniform approach to boundary location discrepancies: promoting and proscribing the reform of the land title register
    Park, 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.