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Developing the ultimate cadastre: using indefeasibility to guarantee geodetic defined land boundaries


Griggs, L, Developing the ultimate cadastre: using indefeasibility to guarantee geodetic defined land boundaries, Property Law Review, 5, (3) pp. 149-160. ISSN 1838-3858 (2016) [Refereed Article]

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Boundary disputes between neighbours can often escalate beyond their objective economic worth. The Jaw has provided many approaches to resolve these disputes. These measures have included the law of adverse possession, encroachment legislation, rectification of the title register, survey adjudication based upon the competing opinions of land surveyors, as well as reliance on the good sense of neighbours to resolve these matters amicably. However, one thing is clear in the law - the Australian States, through their title registers, do not guarantee the boundaries of a parcel of land as depicted on the plan attached to certificates of title. The argument presented here is that with the development and integration of a fully digital cadastre, and the role of the surveying profession in the development and implementation of Cadastre 2034, the time is appropriate to begin the legal steps to extend indefeasibility to the boundaries of land. This article seeks to begin the discussion that could see land law move hand-in-hand with Cadastre 2034 to establish, by that year, a legally coordinated cadastre, with indefeasibility extending to the granting of boundaries. The possibilities and advantages of linking the land administration records with a digital cadastral map are too significant to dismiss as either unnecessary, too expensive, or unneeded.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Private law and civil obligations
Research Field:Property law (excl. intellectual property law)
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Griggs, L (Mr Lynden Griggs)
ID Code:110388
Year Published:2016
Deposited By:Law
Deposited On:2016-07-26
Last Modified:2018-03-08

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