Understanding Possession In Real Estate

Adverse Possession is the technique of acquiring valid ownership over a piece of land, that is originally owned by someone else. There are always a specific group of conditions that require to fall in area for the transfer of ownership to take place. All the people are unfamiliar with the legalities that govern such a transfer of ownership, and that leads many disputes between the first owner and the adverse possessor. This is what you, as a landowner, need to know relating to this property term:

Legal Requirements For Adverse Possession

Some people are of the opinion that mere possession of the land over a fixed period of time is sufficient to qualify for this type of possession. That is absolutely untrue. You will find other conditions that really must be fulfilled, such as for example uninterrupted and exclusive possession, and open and notorious actual occupancy. The party applying for adverse possession, needs to clearly prove so it has fulfilled all such requirements in the court. Only then will they get yourself a valid title for the land.

Span Of Possession

Whilst the amount of possession is not the only criteria for acquiring adverse possession, it is an incredibly essential one. Generally in most countries, the minimum number of years of possession is 20 years. If this tenure isn’t met, you can’t claim a stake over the ownership.

Intent Of Hostile Possession

Another essential requirement for this type of possession may be the intent behind the possession. The court deems so it will think about the transfer of ownership valid, only once the adverse possessor has a hostile intention to take over the land. However, hostile intent doesn’t require deliberate, willful, unfriendly animosity. In reality, hostile intent doesn’t rely on the mindset of the possessor at all. Rather, an act is considered hostile when it is inconsistent with the rights of the record owner and not subordinate to those rights.

Original Owner’s Acquiescence

Regulations states that this type of possession is valid before 20 years of possession, provided the first owner of the land willingly provides title to the existing owner. This could save both parties plenty of hassle, but is usually extremely rare as no-one wants to give away their property for free.

Adverse possession occurs frequently, and can occur in just about any property related context. There are always a large amount of technicalities involved with its process. A comprehensive knowledge on the available legal remedies will make the method reasonably easy.