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Property LawTorrens TitleMEDIUM

A property owner discovers their neighbour has built a fence 50cm onto their land. Under the Torrens system, what is the most likely outcome if the encroachment has existed for 8 years?

Correct Answer

B) The original owner retains title and can seek removal of the encroachment

The Torrens system generally protects registered owners from losing title through adverse possession. The registered owner retains their title rights and can seek removal of the encroachment, though they may need to consider practical remedies and potential compensation claims.

Answer Options
A
The neighbour automatically gains title to the encroached area through adverse possession
B
The original owner retains title and can seek removal of the encroachment
C
The encroached area becomes common property shared between both owners
D
The matter must be resolved through compulsory acquisition by local council

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Related Topics & Key Terms

Key Terms:

Torrens systemindefeasibilityadverse possessionboundary encroachmentregistered proprietor
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