Infrastructure Engineering - Research Publications
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ItemThe effect of adverse possession to part of a future Australian cadastre( 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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ItemA uniform approach to boundary location discrepancies: promoting and proscribing the reform of the land title register( 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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ItemRemoving the disharmony from Victoria's Land Title Registration system( 2009)The author considers those improvements to the Victorian Torrens system desirable to assist in bringing about an Australian harmonised (or even a uniform) system of land title registration.