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A property owner discovers that their neighbour has been using a strip of their land for parking for over 15 years without permission. Under adverse possession laws, what is the most likely outcome?

Correct Answer

B) The neighbour cannot claim ownership due to Torrens title indefeasibility

Under the Torrens title system, adverse possession generally cannot defeat a registered proprietor's title due to the principle of indefeasibility. The registered owner's title is protected by government guarantee, and long-term use by another party does not automatically transfer ownership rights.

Answer Options
A
The neighbour automatically gains legal ownership of the strip
B
The neighbour cannot claim ownership due to Torrens title indefeasibility
C
The property owner must compensate the neighbour for improvements made
D
The local council will determine ownership through mediation

Why This Is the Correct Answer

Under the Torrens title system, adverse possession generally cannot defeat a registered proprietor's title due to the principle of indefeasibility. The registered owner's title is protected by government guarantee, and long-term use by another party does not automatically transfer ownership rights.

About Property Law & Legislation

Torrens title system, strata title, property rights, Sale of Land Act, and state-specific legislation.

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