Everything you need to Know About Adverse Possession
Oct 11, 2019 Home Trading Steps
When it comes to property ownership, the law is set hard to make sure there are no disputes for the same. However, there has been legislation in the country that is contrary to the ‘haves’ provided by the law. One such law is the limitation act.
Adverse Possession:
Let us take an example; there are two brother Suresh and Naresh. Suresh has given his house to Naresh to live in. after a few years, in case of a dispute between the brothers, Naresh will have rights to sell the house. The law will grant the possession to Naresh. This is called adverse possession.
Even though occupying does not confer the ownership, the occupant can claim the property title in case of adverse possession. In the above cases, it is presumed that the possession was legally permissible unless proved otherwise. The essential requirement of the possession under adverse possession is that the property should not have been possessed by forceful or illegal means.
Even though occupying does not confer the ownership, the occupant can claim the property title in case of adverse possession. In the above cases, it is presumed that the possession was legally permissible unless proved otherwise. The essential requirement of the possession under adverse possession is that the property should not have been possessed by forceful or illegal means.
Limitation Act:
The limitation Act 1963 is the key piece of legislation, elaborating on the adverse possession. The Act prescribes a certain period: 12 years for private property and 30 years for government property, within which one has to claim their stake on the property. Any delay may lead to a dispute in future.
The principle of limitation act is, that ‘it extinguishes the remedy but not the right’. In adverse possession, the owner might have the title of the property but he may lose it in the court of law.
The principle of limitation act is, that ‘it extinguishes the remedy but not the right’. In adverse possession, the owner might have the title of the property but he may lose it in the court of law.
Time period:
The time period is calculated from the date the claimant owns the property. The possession must be continuous, unbroken and uninterrupted throughout the time period the claimant must have the sole possession of the property. The limitation period does not cover the time the property is in the litigation between the owner and the claimant. However, if the claimant is of unsound mind, serving armed forces or a minor, then he cannot claim the property.
Requirements for adverse possession:
Hostile possession: the intention of the possessor must be to acquire the property under adverse possession. These rights are acquired at the expense of the original owner. There must be expressed denial of the owner’s title by the possessor.
Public knowledge: the public should be aware of the possession of the claimant. The condition is put in place to make sure that the owner is aware of the adverse possession and can act on time.
Actual possession: the property must be physically possessed by the possessor. Harvesting, growing crops etc are not included as actual possession.
Continuity and exclusivity: the claimant should solely and exclusively live in the property for 12 years without any break before making the claim.
With the rise in property-related issue in the country, the law needs to look at seriously and worked on it.
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