The Crown and possessory title of Torrens land in South Australia

Abstract

This article recounts the events surrounding the Carey Gulley Squatter in the Adelaide Hills of South Australia and, using those events as a factual matrix: (i) explores the operation of escheat/bona vacantia in relation to South Australian Torrens land; (ii) considers possessory title to South Australian Torrens land, with a particular focus on the nature of that right, both before adverse possession might become available (what this article will call “inchoate possessory title”), and after (“possessory title”); and (iii) examines the caveatability of either form of title, whether in respect of a registered proprietor or of the Crown.