Lanyon Pty Ltd v Canberra Washed Sand Pty Ltd [1966] HCA 76

Lanyon Pty Ltd v Canberra Washed Sand Pty Ltd [1966] HCA 76

The rule that land described as bounded by a non-tidal river extends to the middle of the river applies to certificates of title under the Real Property Ordinance in the absence of rebutting circumstances; as none were present, the appellant’s registered land includes the river bed to the middle line ad medium filum.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Determination of Appeal From the Supreme Court of the Australian Capital Territory
Outcome
Appeal allowed with costs. Orders of the Supreme Court of the Australian Capital Territory set aside.
Legal Topics
['torrens System' 'ad Medium Filum Aquae' 'riparian Titles' 'river Boundaries']
['property Law' 'land Law'] ['torrens System' 'ad Medium Filum Aquae' 'riparian Titles' 'river Boundaries']

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Procedural Posture

Appeal / High Court Determination of Appeal From the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 ['Whether a certificate of title describing land as bounded by a non-tidal river (here the Murrumbidgee River) includes the bed of the river to the middle line (ad medium filum).' 'Whether the presumption that land bounded by a non-tidal river extends ad medium filum applies to certificates of title under the Real Property Ordinance.']

Ratio Decidendi

The rule that land described as bounded by a non-tidal river extends to the middle of the river applies to certificates of title under the Real Property Ordinance in the absence of rebutting circumstances; as none were present, the appellant’s registered land includes the river bed to the middle line ad medium filum.

Court Disposition

Appeal allowed with costs. Orders of the Supreme Court of the Australian Capital Territory set aside.

Orders

  • ['Declaration that the land in certificate of title vol. 71 fol. 7031 extends to the middle line of the Murrumbidgee River and that the appellant is registered proprietor of such land for an estate in fee simple.' 'Grant of perpetual injunction restraining Canberra Washed Sand Pty Ltd, its servants and agents, from...