What is Adverse possession or Favorable possession?

Answer By law4u team

Adverse possession, also known as favorable possession, is a legal concept that allows a person to claim ownership of a property or land by occupying and using it openly, continuously, and without the permission of the legal owner for a specified period of time. The idea behind adverse possession is that if the rightful owner does not take action to protect their property rights within a certain time frame, the person in possession can acquire legal ownership. The specific requirements for adverse possession vary by jurisdiction, but generally, the following elements must be met: Actual Possession: The person must physically occupy and possess the property, demonstrating control and use over it. Mere presence or occasional use may not be sufficient. Open and Notorious: The possession must be visible and obvious, such that a reasonable owner would become aware of it if they exercised reasonable diligence. Exclusive: The possession must be exclusive, meaning that the person asserting adverse possession cannot share possession with others, including the legal owner. Continuous and Uninterrupted: The possession must be continuous and uninterrupted for the statutory period set by the law in the specific jurisdiction. Hostile or Adverse: The possession must be without the permission or consent of the legal owner. It does not necessarily imply ill intent; rather, it means the possession is against the rights of the owner. Statutory Period: Each jurisdiction has a specified period of time that the adverse possessor must occupy the property continuously before they can claim ownership. This period varies and can range from a few years to several decades. It is important to note that adverse possession laws and requirements differ across jurisdictions, so it is essential to consult local laws and seek legal advice from professionals familiar with the specific laws of your jurisdiction if you have any specific questions or concerns about adverse possession.

High Court Related Questions

Discover clear and detailed answers to common questions about High Court. Learn about procedures and more in straightforward language.

Law4u App Download