ADVERSE POSSESSION IN UNITED STATES OF AMERICA
William Shakespeare constructs his building some 5 feet into D.H.Lawrence’s land. D.H.Lawrence knowing this, made no objection. Can Shakespeare become the owner to D.H.Lawrence’s land? This question was asked by my law school professor in a seminar. And he said “if someone answers ‘yes’ to this question then he knows the key components of Adverse Possession.” The origin of adverse possession is based both in statutory actions and in common law precepts in United States of America. In a country like United States, where all 50 states have its own law of practice and procedure, the law relating to Adverse Possession varies by jurisdiction. For example the period of limitation in California …show more content…
If this continued for a period of time set by state law, your neighbor may be able to claim the property as his/her own. And the person who takes away the title from true owner is known as disseisor. Now the question arises, “ Will such a law not be used by wicked villains to legally steal the lands of another? A firm affirmation to this question is “No”. It’s because of the five ingredients without which a person cannot claim Adverse Possession. i. The possessor must have actually entered the property and must have exclusive possession of the property. ii. The possession must be “open and notorious”. iii. The possession must be adverse to the rightful owner and under a claim of …show more content…
Though in the outset, law of adverse possession seems to be an odd law, especially for non-lawyers, it actually serve to strengthen and “prove up” titles to land. Firstly, by limiting the time of action, title is protected from spurious lawsuits. Because there are some instances in which records are not produced but created. A person may be using the land under peaceful possession from the days of his ancestors. And suddenly some one may say ‘I am the owner and I have a 95 years old record and contest’. To avoid such circumstances limitation period is fixed. Secondly, adverse possession intends to protect the rights of the bona fide purchaser, as here the wicked villains may sell a land belonging to another and the innocent purchaser must not be vexed by such an act. Thirdly, from time immemorial, history has supported the person who utilizes the land for societies growth than a person who just remains inactive with rights over his
William Shakespeare constructs his building some 5 feet into D.H.Lawrence’s land. D.H.Lawrence knowing this, made no objection. Can Shakespeare become the owner to D.H.Lawrence’s land? This question was asked by my law school professor in a seminar. And he said “if someone answers ‘yes’ to this question then he knows the key components of Adverse Possession.” The origin of adverse possession is based both in statutory actions and in common law precepts in United States of America. In a country like United States, where all 50 states have its own law of practice and procedure, the law relating to Adverse Possession varies by jurisdiction. For example the period of limitation in California …show more content…
If this continued for a period of time set by state law, your neighbor may be able to claim the property as his/her own. And the person who takes away the title from true owner is known as disseisor. Now the question arises, “ Will such a law not be used by wicked villains to legally steal the lands of another? A firm affirmation to this question is “No”. It’s because of the five ingredients without which a person cannot claim Adverse Possession. i. The possessor must have actually entered the property and must have exclusive possession of the property. ii. The possession must be “open and notorious”. iii. The possession must be adverse to the rightful owner and under a claim of …show more content…
Though in the outset, law of adverse possession seems to be an odd law, especially for non-lawyers, it actually serve to strengthen and “prove up” titles to land. Firstly, by limiting the time of action, title is protected from spurious lawsuits. Because there are some instances in which records are not produced but created. A person may be using the land under peaceful possession from the days of his ancestors. And suddenly some one may say ‘I am the owner and I have a 95 years old record and contest’. To avoid such circumstances limitation period is fixed. Secondly, adverse possession intends to protect the rights of the bona fide purchaser, as here the wicked villains may sell a land belonging to another and the innocent purchaser must not be vexed by such an act. Thirdly, from time immemorial, history has supported the person who utilizes the land for societies growth than a person who just remains inactive with rights over his