Law of Adverse Possession by Mantha Ramamurti – 8th Edition (Reprint) 2023

Description

Justice Holmes stated “man like a tree is the cleft of a rock gradually shapes his roots to the surroundings and when the roots have grown to a certain size, cannot be displaced without cutting at his life.” Aptly this is justification for Law of Adverse Possession. The rationale for adverse possession rests broadly on the consideration that title to land should not long be in doubt, the society will benefit from some one making use of land, the owner leaves idle and that person who come to regard the occupant as owner may be protected. The maxim that the law and equity does not help those who sleep over their rights is invoked in support of prescription of title by adverse possession. In other words, the original title holder who neglected to enforce his rights over the land cannot be permitted to re-enter the land after a long passage of time. The claim to rights and interests in relation to property on the basic of possession has been recognized in all legal systems. Uninterrupted and uncontested possession for a specified period hostile to the rights and interest of true owner; is considered to be one of the legally recognized modes of acquisition of ownership. As owner would be deemed to be in possession of a property so long as there is no intrusion. Non-use of the property by the owner even for a long time would not affect his title. But the position will be altered when another person takes possession of the property and assets rights over it and the person having title omits or neglects to take legal action against such person for years together. The process of acquisition of title by adverse verse possession springs into action essentially by default or inaction of the owner.

The prescription of periods of limitations for recovering possession or for negation of the rights and interests of true owner is the core and essence of the Law of Adverse Possession. More so, right to access to Courts is barred by Law on effluxion of prescribed time. The conditions necessary for the acceptance of a claim based on adverse possession have been laid down basically by way of Judge-made law. So for so, several exceptions to the concept of adverse possession based on legal relationship between the title holder and the person in actual possession as well as the character of land are also recognized by law. However, permissive possession or possession without clear intention to exercise exclusive rights over the property is not considered as adverse possession. The essential requisites to establish adverse possession are that the possession of the adverse possessor must be neither by force nor by stealth nor under the licence of the owner. It must be adequate in continuity in publicity and in extent to show that the possession is adverse to the paper owner. It cannot be disputed that a person in possession of land in the assumed character of owner and exercising peaceably the ordinary rights of ownership has A perfectly wood title against all the world but the rightful owner. And if the rightful owner does not come forward and assert his title by the process of law within the period prescribed by the provisions of the statute of Limitation applicable to the case, his right is for ever extinguished and the possessory owner acquires an absolute title.