Law of Adverse Possession

In view of the constant demand of the instant book, we have decided to publish an updated and revised edition of the same just to avail of the current prevailing law to our esteemed readers. For such purposes, we made an excursion into the courtroom developments for preventing the current scenario of law as prevailing into legal arena.

The concept of adverse possession is one of the most intriguing aspects in the field of property 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. Even though this concept has been clarified in numerous case laws by the Indian Judiciary, there is still some delusion due to cases which only discuss about the extinguishment of the proprietary rights of the actual owner, but not about what happens to those rights after they are extinguished. Whether they are duly transferred to the squatter or whether an entirely new title is created in favour of the squatter.

Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common Law requirements are met, and the adverse possession is in possession for a sufficient period of time, as defined by a statute of limitations. 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 persons 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 but a blended one of fact and law. The same title, which the true owner possessed is now passed on to the squatter by operation of the Law of Limitation. The squatter does not obtain any new title. The title acquired by him is the title which the true owner previously had, before the same got extinguished by operation of the law. The adverse possession takes the place of the true owner, and becomes the owner of the property, acquiring the title to the property in his name. This is the nature of the title of the adverse possession. The care and essence of the law of adverse possession is the prescription of a period of limitation for recovering possession or for the negation of the rights and interests of true owner. Thus, the doctrine of adverse possession operates to confer the title to a property on the adverse possession. The conditions necessary to prove a claim of adverse possess are not given in any statutory provision, but have been laid down extensively through case laws. The title to the property in dispute is transferred as a result of a failure and inaction on the part of the true owner to enforce his rights within the prescribed time. It is a penalty on the true owner of the property in the form of extinguishment of his title to that property. Therefore, it is true that adverse possession commences against the wrong and is maintained against the right.

We have done our best in revising the instant treatise. We have incorporated the case law at appropriate places in the text. We are also appending a Profile Subject Index for ready references. May the book prove again a grand Success.