CONDITIONS FOR ADVERSE POSSESSION

Querist : Anonymous (Querist) 10 September 2010 This query is : Resolved
DEAR SIR,

WHAT ARE CONDITIONS TO BE MET FOR A PROPERTY TO BE CONSIDERED AS PROPERTY BY ADVERSE POSSESSION IN CASE WHERE TITLE 0F PROPERTY IS CLEAR ?

VINAY KALA

SEP 10,10

Follow Query

Report Abuse

Chanchal Nag Chowdhury (Expert) 10 September 2010
To claim ADVERSE POSSESSION, the person claiming will have to prove:-
1. The POSSESSION was at least 12 years old,
2. The POSSESSION was hostile to the owner,
3. The possessor has taken all steps to keep POSSESSION by not only denying the title of the owner but has also done something ADVERSE to the owner by putting his name in municipal records, by having tax receipts of the property in his name etc.

For the original owner whose title is clear, he has only to prove the title & show that the possessor was originally put into possession by him or that the possessor was a trespasser.

s.subramanian (Expert) 10 September 2010
The Three important ingredients for claiming adverse possession is " Nec Vi Nec Clam and Nec precario". It means that the possession must be open,continuous and hostile. Both animus possedendi and corpus possessionis must be there for the statutory period prescribed by the Limitation Act.

Querist : Anonymous (Querist) 10 September 2010
what is meant by open continuous and hostile in simple english. and what is animus possedendi and corpus possessionis again sir please explain in simple english

vinay

sep 10 10

Rajeev kulshreshtha (Expert) 11 September 2010
I agree with Mr. Chanchal.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries