Adverse Possession | Propertylogy

Adverse Possession

By on January 25, 2019

Adverse possession is a legal method of acquiring ownership to property when the actual owner knowingly fails to assert his right and enforce the law over a period of time.

For occupants to be successful in taking over property, his occupation has to be proven to be open and notorious, exclusive, hostile to trespassers, etc.

While we think of squatters when discussing adverse possession, the most common manner in which it arises is in the dispute of boundaries.

Title defects which cannot be corrected due to the unavailability of key persons can also result in adverse possession.

To prevent such headaches from occurring, land owners need to defend their rights to ownership.

Some methods include:

Adverse possession is normally not applicable to state-owned land.


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