A uniform approach to boundary location discrepancies: promoting and proscribing the reform of the land title register

Abstract

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.