Where the identity of the true owner of Torrens title land is unknown, an applicant for adverse possession must establish 30 years of adverse possession, not 12, because it cannot be determined whether the true owner is under a disability within s 29(2)(b) of the Limitation of Actions Act 1974 (Qld). Section 114 of the Land Title Act 1994 (Qld) is not an appropriate procedural vehicle for adverse possession claims; the proper course is to apply to the Registrar under Division 5 of Part 6, with judicial review available under the Judicial Review Act 1991 (Qld) if the Registrar's decision is adverse.
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