Adverse possession

The possessor of the property must have actual possession of the property. If a person merely claims the property by just paying its taxes, it does constitute adverse possession. Entry on the property is an essential thing to prove the adverse possession. Whether the entry is legal or illegal, it will not affect the case.

Actual Possession

Adverse Possession

Essentials for claiming adverse possession

Intention to keep it so solely for oneself

The intention to take that property for oneself should be present in the case of adverse possession. Any person who is not thinking about taking that property for own self, will not constitute adverse possession.

Essentials for claiming adverse possession

Open and notorious to the use of property

Secretly occupying a property and after that claiming adverse possession on that property will not be entertained under the Court of law.

Essentials for claiming adverse possession

Possession must be hostile to the owner

he real owner of the property must be aware of the possession taken by a trespasser. The possession will be counted from the date when the real owner came to know about the possession.

adverse possession

Use of the property

A person cannot claim adverse possession if he is not using the property. The construction of houses, buildings and fencing of the land is evidence of adverse possession.

Essentials for claiming adverse possession

Possession should be uninterrupted

The possession taken by the trespasser of property must be continuous and uninterrupted.

Essentials for claiming adverse possession

Peaceful possession

Any possession which is taken by a person after threatening the real owner of the property does not come under adverse possession.

adverse possession

Continue for a specific period

The limitation act provides the limitation period for adverse possession which is 12 years for private property and 30 years for government property.