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Vinayak Patil   25 April 2018

Adverse possession

A person can defense the by using adverse possession law. But he filed a suit for declaration of title on adverse possession and become plaintiff at the same time defendant have counter claim to recover the possession. 

  adverse possession law say that it is available  only for defendant. In this case , can plaintiff avail of counter claim.


 1 Replies

Master Warrior (AOR)     25 April 2018

Typically a person cannot be both a plaintiff AND defendant in the same suit. The roles reverse in counter-claim, but Person A can't be both parties in the initial suit.

In most cases adverse possession, assuming time limits are met, is a defense to trespass claims.  Most people usually don't file a claim for adverse possession themselves to avoid litigation costs until absolutely necessary.

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