In Wang v State of Queensland & Anor [2024] QSC 156, the applicant, Yiqing Wang, sought a declaration regarding her property that encroached upon approximately 46m² of canal land adjacent to her registered land. The primary issues revolved around whether the State of Queensland could be considered an "adjacent owner" under the Property Law Act 1974, and whether the Act applied to unallocated State land. The court ruled that Part 11, Division 1 of the Property Law Act was not applicable to the canal land in question, as the State was not classified as an adjacent owner due to its radical title over unallocated State land. The judgment emphasized the separation of powers between legislative control over land grants and the rights of property owners regarding encroachments, affirming the State's sovereign status over the land's title without granting any fee simple interest.
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