What is adverse possession?

Adverse possession refers to a process, an event, or a circumstance in which a person is able to get an interest in a land without compensation by just occupying it for a long uninterrupted period of time. This means that the person gets the right to own the land in a manner that it conflicts with the rights of the original owner. Adverse possession usually occurs if the rightful owner failed to assert a right or claim in his/her property in a timely manner.

Right to own the land

Right to own the land

In most countries, property owners are given a maximum limitation period of twelve years to bring a court action for the recovery of their property. If a person takes possession of a land by committing trespass, and the owner failed to take a claim of his right in the property after 12 years, then the owner will not able to recover his or her land in a legal action. The doctrine of adverse possession can in some way allow a property trespasser to become the effective owner of the land in question, especially if the property is unregistered.

Generally, for a disseisor (the person who adversely takes possession of a land) to rightfully gain the interest to a property, the following five conditions must be met:

1) Actual possession

The disseisor must physically use the property as the original owner would. Actual possession entails activities that change the state of the land including planting, clearing, fencing and living on it.

2) Open and notorious use

This means that the disseisor’s use of the property is visible and noticeable that it gives the legal owner knowledge that someone is using his or her property.

3) Exclusive use

This means that the disseisor takes possession of the land without regard to the owner.

4) Hostile and adverse use

The disseisor used the property without permission from the owner, with the intention to trespass, or with the belief that it is his or her land.

5) Continuous use

This means that the disseisor takes possession of the property for the entire limitation period, using it in a manner that a true owner would.