An Adverse View of Adverse Possession

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Abstract

In a recent case a New South Wales court applied the longstanding principle of adverse possession in relation to entitlement to valuable Sydney land. This article argues the doctrine is anachronistic, and the original reasons for its recognition no longer apply. It is very difficult to rationalise given the well-established Torrens system of title by registration, and should be discarded.
Original languageEnglish
Pages (from-to)21-35
Number of pages15
JournalAustralian Law Journal
Volume96
Issue number1
Publication statusPublished - 2022
Externally publishedYes

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