Typically we think of title to real property in terms of its being gained through registration. However, in past times title to real property was based on possession, and in the case of the principle of adverse possession, recognised in Australia, it still is. A recent case shows its continued application. This paper questions the supposed rationales for the doctrine of adverse possession, and argues it conflicts with other important legal principles and should be abolished or reformed.
Professor Anthony Gray is Associate Head – Research within the UniSQ School of Law and Justice. He has sole-authored approximately 140 refereed publications and published six monographs in the past five years. He is the former Director – Schools and Community Education at the Queensland Law Society.
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