Thursday, May 19, 2022

Gray on 'An Adverse View of Adverse Possession'

 Professor Anthony Gray of the USQ School of Law and Justice has published a new article titled 'An Adverse View of Adverse Possession'.  The article appears in Volume 96(1) of the prestigious Australian Law Journal.  Here is the abstract:

"The doctrine of adverse possession, under which a trespasser to property belonging to another might ultimately become the legal owner of it, continues to be applied in Australian and United Kingdom courts. Though it may have made sense centuries ago, it has become increasingly difficult to justify the doctrine. It has been stridently criticised by the judiciary and academy. It appears at odds with the law's general reluctance to permit individuals to profit from wrongdoing, and the Torrens system of title by registration. This article critiques the doctrine, suggesting significant reform is necessary."

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