The Privy Council declared this legislation clear in the 1907 case Perry v. In that situation, the property cannot be claimed by the original owner instead, it must be delivered to the person who is now in possession of it. THE HISTORICAL CONCEPT OF ADVERSE POSSESSIONĪssume that a person vacates a house or a field in accordance with his preferences, and that someone else thereafter holds the property for three years.

Although this Code differs slightly from the law of adverse possession, it is nevertheless upheld today. The Code of Hammurabi is where the laws of adverse possession first appear. The legislation was designed to optimize land use, but over time, advance possession, a type of hostile possession in which the legal owner is denied any claim to their property, has replaced adverse possession. To avoid any problem or disagreement, property owners need to be informed of these adverse possession regulations.įor instance, if X, the landowner, transfers his property to Y for upkeep and then returns after 12 years to claim it back, the court will not rule in X’s favor in the dispute.Īdverse possession can be of two different types: In plain English, a renter acquires ownership of a property if they continue to live in it for 12 years without the owner interfering. A person is given ownership rights to a piece of property under the law of adverse possession if they remain in possession of it for 12 years. It’s accepted and widely used in India, though. Taking possession of a property inadvertently is known as adverse possession.

Unstable by Muhhamed Faizon