Land Law
The need to provide for boundary adjustments in a registered title land system by Malcolm M Park* Graduate student Department of Geomatics, The University of Melbourne and Ian P Williamson Professor of Surveying and Land Information Department of Geomatics, The University of Melbourne ianpw@unimelb.edu.au Abstract
The practicalities of a modern land administration system require some means of boundary adjustment (or repair). Of the possible mechanisms it is concluded that an alternative to adverse possession, statutory encroachment, is preferable to part parcel adverse possession.
1.
Introduction
In the last decade a number of jurisdictions have abandoned the application of adverse possession to their registered land title systems: Malaysia and Singapore in the early 1990s and Hong Kong is at present considering legislation to do so (the 2003 Title Registration Bill). By doing away with adverse possession these jurisdictions are giving up a valuable tool suitable for providing for adjustments in the location of land parcel boundaries. This is because part parcel adverse possession is widely utilized to provide for boundary location adjustment or repair. Additionally, Tasmania (2001) and England (2002) have legislated to severely restrict adverse possession so as to render part parcel adverse possession impracticable and thus unavailable in all but the most unusual circumstances. This has occurred despite Tasmanian and English recognition of the value of boundary adjustment and the role played by part parcel adverse possession in facilitating boundary adjustment. Given the moves away from adverse possession, this paper considers the need for boundary adjustment and suggests that adverse possession is not inimical to registered title, and further, statutory encroachment is a feasible alternative to part parcel adverse possession. Experience throughout a number of jurisdictions utilizing registered land title indicates the need for some mechanism wherein
The practicalities of a modern land administration system require some means of boundary adjustment (or repair). Of the possible mechanisms it is concluded that an alternative to adverse possession, statutory encroachment, is preferable to part parcel adverse possession.
1.
Introduction
In the last decade a number of jurisdictions have abandoned the application of adverse possession to their registered land title systems: Malaysia and Singapore in the early 1990s and Hong Kong is at present considering legislation to do so (the 2003 Title Registration Bill). By doing away with adverse possession these jurisdictions are giving up a valuable tool suitable for providing for adjustments in the location of land parcel boundaries. This is because part parcel adverse possession is widely utilized to provide for boundary location adjustment or repair. Additionally, Tasmania (2001) and England (2002) have legislated to severely restrict adverse possession so as to render part parcel adverse possession impracticable and thus unavailable in all but the most unusual circumstances. This has occurred despite Tasmanian and English recognition of the value of boundary adjustment and the role played by part parcel adverse possession in facilitating boundary adjustment. Given the moves away from adverse possession, this paper considers the need for boundary adjustment and suggests that adverse possession is not inimical to registered title, and further, statutory encroachment is a feasible alternative to part parcel adverse possession. Experience throughout a number of jurisdictions utilizing registered land title indicates the need for some mechanism wherein