Adverse Possession - Definition - Law Dictionary Home Dictionary Definition adverse-possession

Definition :

Adverse possession is that 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, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), 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, except in the cases provided for by s. 15. See Nepean v. Doe, (1837) 2 M. & W. 910.

Possession is not held to be adverse if it can be referred to a lawful title, Doe v. Bightwen, 10 East 583; Wall v. Stanwick, 34 Ch D 763. Non-adverse possession is of two kinds. The title of the dispossessed may not be paramount, as in the case of a leasehold term when dispossession of the lessee is not necessarily inconsistent with the reversioner's rights, and secondly, the person setting up dispossession may have been holding under the rightful owner's title, e.g., trustees, guardians, bailiffs or agents. Such persons cannot set up possession averse to their cestui que trust, principal or persons for whom they are acting or may be presumed to be acting until the character of the possession is changed. See Nepean v. Doe, (1834) 2 M&W 894, Sm. L. C., Carson's R. P. St., and LIMITATION OF ACTIONS.

Means hostile possession, that is, a possession which is expressly in denial of the title of the true owner. The denial of title of the true owner is a sign of adverse possession, Vidya Devi v. Prem Prakash, (1995) 4 SCC 496 (504): AIR 1995 SC 1789. (Delhi Land Reforms Act, 1954)

--the nature of the property, the nature of title vesting in the rightful owner, the kind of possession which the adverse possessor is exercising, are all relevant factors which enter into consideration for attracting applicability of the doctrine of adverse possession. The right in the property ought to be one which is alienable and is capable of being acquired by the computer. Adverse possession operates on an alienable right, Amrendra Pratap Singh v. Tej Bahadur Prajapati, (2004) 10 SCC 65 (80): AIR 2004 SC 3782. (Limitation Act, 1963, Art. 65 and s. 27)

In the conception of adverse possession there is an essential and basic difference between a case in which the other party is put in possession of property by an outright transfer, both parties stipulating for a total divestiture of all rights of transfer in the property and in case in which there is a mere executory agreement of transfer both parties contemplating a deed of transfer to be executed at a later point of time, AIR 1990 SC 533: (1990) 1 SCJ 306.

Adverse possession is always a unilateral act and there is no question of any contract or agreement giving rise to adverse possession, (1966 Ker LT 1106).

Adverse possession implies that it commenced in wrong and is maintained against right when commencement and is maintained against right when the commencement and continuance of possession is legal and proper, referable to a contract, it cannot be adverse. Hence, the purchaser who got into possession of property under the executory contract of sale in a permissible character, cannot be heard to contend that his possession was adverse, 1990 LJR 127 (130) (Punj).

Adverse possession, it cannot be taken by a landlord against a protected tenant, Sadu v. Tahsildar, (1987) 2 An LT 749.

Adverse possession, is a method of acquiring title to real property by possession for a statutory period under certain conditions, esp. a non-permissible use of the land with a claim of right when that use is continuous, exclusive, hostile, open, and notorious, Black Law Dictionary, 7th Edn., p. 54.

Adverse possession, contemplates hostile possession i.e. a possession which is expressly or impliedly in denial of the title of the true owner. Possession to be adverse must be possession by a person who does not acknowledge the other's rights but denies them. A person who bases his title on adverse possession must show by clear and unequivocal evidence that his possession was hostile to the real owner and amounted to denial of his title to the property claimed, T. Anjanappa v. Somalingappa, (2006) 7 SCC 570; Ward v. Carttar, (1865) LR 1 Eq 29: 35 Deav 171: 55 ER 860; Rains v. Buxton, (1880) 14 Ch D 537: 43 LT 88; Annasaheb Bapu Sabeb Patil v. Balwant, (1995) 2 SCC 543: AIR 1995 SC 895; Vidya Devi v. Prem Prakash, (1995) 4 SCC 496.