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The private taking of land: adverse possession, encroachment by buildings and improvements under a mistake
Journal article   Peer reviewed

The private taking of land: adverse possession, encroachment by buildings and improvements under a mistake

Pamela A O'Connor
University of Western Australia Law Review, Vol.33(1), pp.31-62
2006
url
http://www.austlii.edu.au/au/journals/UWALawRw/2006/3.htmlView
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Abstract

Law
In order to harmonise the Australian Torrens statutes, it is necessary to agree upon a common set of rules delimiting the claims that may be made against a registered owner arising from adverse possession, encroachment by buildings, or improvement of land under a mistake. The Australasian and overseas experience of various rules of adverse possession, mistaken improver and building encroachment statutes is analysed, to identify and evaluate the options and outline a recommended approach.

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