Wang v State of Queensland

In Wang v State of Queensland, the applicant, Ms Wang, purchased a property which encroached on land adjacent to hers by approximately 46 square metres. Ms Wang sought relief from the Queensland Land Court, contending that the State of Queensland should convey the fee simple of the encroached land to her in exchange for compensation. The court was required to determine whether the State of Queensland was an "adjacent owner" of the encroached land and whether the land in question was "unallocated State land". The State argued that it was not an adjacent owner, as it did not hold an estate in fee simple or for life in the land over which the encroachment extended. The court considered the definitions of "owner" and "adjacent owner" in the Property Law Act 1974 (Qld) and determined that the State did not meet the criteria for an adjacent owner as it did not hold a freehold estate in the encroached land. Consequently, the court held that Division 1 of Part 11 of the Property Law Act 1974 (Qld) did not apply to the unallocated State land in question. The court further held that the land in question was not unallocated State land as it was part of a Deed of Grant issued in 1869 and had passed through various owners before becoming State land. The court ordered that Division 1 of Part 11 of the Property Law Act 1974 (Qld) was not applicable to the encroached land and that the State was not an adjacent owner. The court will hear submissions on costs from both parties.