Improvements under mistake in title

Abstract

Abstract This study looks at what can be done as a matter of public policy when a person erects a substantial improvement wholly on a land parcel under a genuine but mistaken belief that he or she possesses a proper legal right to do so. Such mistaken belief often arises from flaws in title or errors in identifying land parcels or boundaries. These errors create a different problem from ‘encroachment’ where a substantial building or structure straddles a land boundary and is thus only partly on the wrong land. A surveyor is often the first professional person to confirm that a mistake has occurred and may be well placed to assist in resolving the problem satisfactorily.