A Uniform Approach to Boundary Location Discrepancies: Promoting and Proscribing the Reform of the Land Title Register

Adverse possession of part parcels permits the variation, rectification, and re-adjustment of boundaries with boundary definition being essential to parcel-based spatial data sets. Adverse possession and part parcel adverse possession address (and provide a possible solution to) two distinct problems by providing a single solution. It is suggested that utilizing adverse possession as a solution to boundary location discrepancy is inappropriate. Also, if a national cadastre is to become a reality, a basic requirement is a unified national law regarding land ownership. In turn this will require a unified approach to the issue of adverse possession of registered title land and particularly adverse possession of part of a land parcel. The authors view this issue as a major obstacle in achieving a unified national cadastral survey practice. This fundamental distinction requires resolution as a necessary step towards a unified approach ultimately leading to an integrated national cadastre. In this paper the authors analyse recent changes and current proposals for reform and offer the conclusion that reluctance to change is but a small obstacle to reform. However this optimistic conclusion is offset by misgivings with regard to the manner with which reforms are accomplished.