adverse possession

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adverse possession

• of part only

of registered title land
mal park
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adverse possession

• of part only

of registered title land
mal park
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• This lecture does not purport to coveradverse
  possession GENERALLY - that has been covered by
  Gary Hunter his guest lecturer Eric Davidson

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ap prohibited
NSW SA NZQland
ap permitted
time
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ap prohibited
Singapore
ap permitted
time
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Transition ???
In 1979 NSW introduced ap where itwas previously
prohibited
Where does that leave an owner whopermitted a
trespasser to remain from1960 confident that he
couldnt bedislodged ???
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Transition ???
Answer
In 1980 a NSW applicant could base anapplication
on occupation since 1967yet occupation since
1965 could notform basis of application in 1978
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Full or whole parcel adverse possessioncan tidy
up or repair problems withownership of land
parcels
i.e. whole parcel ap tidies up the ID of the
owner
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Todays adverse possession is thespecial case of
part parcel ap -
Thus here we are only interestedin part parcel
adverse possessionwhere there is a discrepancy
withthe location of boundaries
Such part parcel adverse possessioncan tidy up
or repair boundaryproblems
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i.e. part parcel ap tidies up the ID of the
land parcel
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SOLUTION 1
Restore an incorrect boundary
The boundary doesnt change- even tho it is
WRONGLY located
(this is NOT ap)
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That example was not ap tochange location of
boundary
Now were gonna go on to correcting or
repairing boundaries
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Occupation legal boundary aredifferent ?
Solution 2(a)
In ACT NT ap is not on - thereforeoccupational
boundary must bechanged to conform to the
legalboundary
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Occupation legal boundary aredifferent ?
Solution 2(b)
In Vic, WA, Qland Tas part parcel ap means
that the legalboundary must be changed to
conform to the occupational boundary
Vic 15 y WA, Q, Tas 12 y
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Occupation legal boundary aredifferent ?
Solution 2(c)
In NSW, SA, NZ part parcel ap is not on -
therefore occupational boundary must be changed
to conform to the legal boundary
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In NSW, SA, NZ part parcel ap is not on -
therefore occupational boundary must be changed
to conform to the legal boundary
So far as boundary repair goes,
thesejurisdictions are just like ACT NT
Solution 2(a) Solution 2(c)
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restore original legal boundary where
occupational boundary differs - consequences of
2(a) (c) ?
1. Demolition or2. Sub-division sale
i.e. ACTHowever for NT, NSW, SA, NZ, WA, Q
there is another possible solution
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Other means to adjust location ofboundaries
(besides sub-division)
Encroachment - mistakenly building partly on
anothers (neighbours) land
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Transfer part of parcel to the encroaching party
-
Eliminates the encroachment
In return compensation paid to partyforced to
transfer part of parcel
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(Adverse possession)
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Wholeap
Partap
Encroach
Vic Tas
Yes
No
Yes
WA
Yes
Yes
Y (1969)
Qld
Y (1956)
Y (1952)
Yes ?
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Wholeap
Partap
Encroach
NSW NZ
Y (1979)Y (1963)
Y (1922)Y (1952)
NoNo
ACT NT
NoNo
NoNo
No Yes
SA
Y (1944)
Y (1945)
No
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Remaining alternative is part parcelap - only
available in Vic, Tas, WA. Queensland
There is some doubt about Queensland- it is
certainly not encouraged the Titles Office
will not permit it
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4 possible solutions -
A. part parcel adverse possessionB.
encroachmentC. restore original boundary even
if wrongly locatedD. restore original legal
boundary
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Questions ?