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
D) The registered owner keeps title and can seek removal of the encroaching fence.
The registered owner keeps title and can ask for the fence to be moved, negotiate, or go to court. Adverse possession is not possible here, because 8 years is shorter than every state's limitation period for recovering land (12 or 15 years depending on the state). Where the time has run, several states do allow a possessory claim over Torrens land, although the rules and restrictions differ from state to state.
Why This Is the Correct Answer
An 8-year encroachment falls short of every state's limitation period, so the neighbour has no possessory claim. The registered owner still holds title to the strip and can require the fence to be removed or reach a negotiated outcome.
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