Title

The uncertainty of certain boundaries

Date of this Version

June 2001

Document Type

Journal Article

Publication Details

Weir, Michael (2001). The uncertainty of certain boundaries. Australian Property Law Journal, 2001, Vol. 9, June, pp. 27-38.

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Abstract

Boundaries are often assumed to be more or less certain based upon lines drawn on a survey plan. This assumption is insecure especially when dealing with water boundaries. The doctrines of erosion and accretion introduce into the law considerable uncertainty in ascertaining the true boundary of a parcel of land at any point in time. The resolution of this question often involves reference to complex legal, survey, historical and hydrological evidence. This uncertainty can also apply to some non-natural boundaries where undetected survey errors may result in loss to landowners while not always giving a corresponding entitlement to recover compensation.

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