Law of Adverse Possession Prescription and Easementary Rights by Arindam Mitra – 2nd Edition 2023

Description

The concept of adverse possession is one of the most intriguing aspects in the field of law and the Law of Limitation. This concept may seem to accord rights to those who act in violation of the laws in force. But it is not the case, since it is the way by which a squatter obtains a proprietary right over a piece of land due to the inaction of the actual owner during the statutory period prescribed. In other words, it is the form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person’s title which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued and does away with the doctrine of adverse possession. Adverse possession is commenced in wrong and is aimed against right. Plea of adverse possession is not a pure question of law, rather it is a blended one of fact and law.

The book has been thoroughly written to incorporate the latest development and much has added to deal with the important, numerous and in some cases unexpected judicial decisions on the subject. It is exhaustive commentary on law of adverse possession, prescription and easementary rights. It also deals with tenancy rights, lease and license. The framing of chapters initially made to provide a consolidated survey of various provisions relating to adverse possession with sole object of providing necessary information and latest trends in the judicial field. The case-law has been compiled keeping in view the inter-connected provisions of other enactments. Beside above. It also contains allied laws and model forms.