A person who has resided on property without a title for 12 years with the owner’s consent may be able to assert ownership of the property in question under the legal definition of adverse possession. The fundamental ideas guiding the concept of adverse possession are laid out in Article 65 of the Limitation Act.

In the Amarendra Pratap Singh v. Tej Bahadur Prajapati case, the Supreme Court rendered a significant decision addressing adverse possession. When a trespasser is not removed from a piece of property within a predetermine amount of time, the true owner of the property forfeits their ownership rights.

 

 

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An illustration of adverse possession

For 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 side in the lawsuit.

Adverse possession can be of two different types:

• negative from the start, or
• The possession then turns negative.

Time restrictions for adverse possession

The permitted time period for a private residence is 12 years. However, there is a 30-year time limit on state, federal, or public land or property. The permitted time period starts to run once the trespasser or tortfeasor invades or harms the true owner’s property.There must have been instances in which the renter exercised ownership control over the property.

Continuous

The renter can assert ownership if the previous owner hasn’t lived there for at least 12 years. The tenant gains full possession of the property if they have been renting it out for 12 years without the original owner present and the property hasn’t been divided up during that time.

Exclusive

The property must have undergone a number of improvements, additions, and other modifications performed by the renter. By doing so, the tenant is given more proof of their exclusive control of the property and is given the right to claim ownership.

Open

The tenant must be able to prove to third parties that they have live on the property for at least 12 years in order for this criteria to be satisfy. Establishing a property line, making additions and repairs, and keeping good ties with the neighbours are a few strategies to do this. One cannot stress the value of engaging with your neighbours.

Hostile

In this case, hostile tenants are require to oust the current owner and take over their rights. If the title deed is flawed, tenants may claim ownership of the property by arguing that the agreement is void. The lease is deem to have been dissolve if the renter stays on the property after it has ended for 12 years without moving out or if the owner does nothing to reclaim title. The tenant is given a chance to claim ownership of the property in these situations.

When is it not possible to assert an adverse possession?

Determining an adverse title of possession is not just a legal issue, but also a factual one, according to numerous high courts, including the Supreme Court. The case must be decide completely base on the participants’ evidence. Claims alone are not adequate evidence. The documentation must also provide proof of hostile, ongoing, and open possession. The following situations do not allow for the upholding of adverse possession claims:

Permissive possession

A permissive possession cannot change from being permissive to being adverse, especially if it has always been permissive. It is conceivable to conclude that possession is legal based on the context, with or without direct evidence. Permissive possessors are require to stop entering the property when the landlord expresses a desire to end permissive possession; if they don’t, their continue entry into the property will be view as wrongful, and they will be require to return possession of the property as well as any profits they have made from it.

Lack of animosity or intent

The manner in which the property is occupied must show animus possidendi (purpose to possess), which depends on the type of property when asserting exclusive possession. It is commonly accepted that the agent is in possession of the principle due to the fiduciary relationship between the parties.

Absence of a legally valid claim

It was argue before the Andhra Pradesh High Court in Palaniyandi Malavarayan v. Dadamalali Vidayan that the right to the trusteeship of a temple cannot be obtain by adverse possession as long as there is no legitimate trustee who can make an allegation to recover the office from the person who claims to hold it adversely to him.

Any person making an adverse possession claim must prove the following:

When did the possession become yours?
Why did they obtain it?
Whether the owner was inform or not of the possession?
How long have they been in control?

Recent adverse possession court decisions

Negative possession may be use by the state to obtain land: HC
May 18, 2023: The Punjab & Haryana High Court has declared that the state may purchase land through methods other than the acknowledged channels for transferring title. However, it stated that such instances ought to be handle as extraordinary and infrequent. The court made this statement while listening to a number of arguments filed by the former Punjab State Electricity Board.

 

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