Adverse possession is a legal term which is used when someone acquires legal rights over movable or immovable property by using it for a continuous period of time, i.e., without any intrusion from the original owner.
What is an example of adverse possession?It can be a little difficult to understand what is adverse possession of land, here’s an example for better clarity of the term.
Suppose Mr. Rawat gives his property for maintenance to Mr. Pathak, he doesn’t interfere or claim any ownership for more than 12 years, in such case Mr. Pathak can claim ownership of the property in the legal court. The court won’t listen to a plea by Mr. Rawat against the claim by Mr. Pathak as per the law under section 27 and section 65 of the Limitation Act
Please note that the lawsuit can be filed within 30 years from the date of possession by the original owner if it is a private property according to Article 112 of schedule 1 of the Limitation Act.
Now that you know what is adverse possession in real estate, let me tell you what are some of the conditions attached to the adverse possession of the property.
- The claim can be made on a movable property or an immovable property only
- The possession of the property must be continuous, visible and without any intrusion for at least 12 years
- You can only claim ownership having been physical occupier of the land for the specified period as per the Limitation Act.
The adverse possession cannot be invoked if the owner of the property gives rights of possession over the property willingly as charity or for other reasons.
What is adverse possession?
Brij Mohan
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2021-03-17T16:30:35+00:00 2021-03-17T16:41:33+00:00Comment
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