Delhi Law House Law of Adverse Possession by MANTHA RAMAMURTI Edition 2023

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Delhi Law House Law of Adverse Possession by MANTHA RAMAMURTI Edition 2023

Delhi Law House Law of Adverse Possession by MANTHA RAMAMURTI Edition 2023

Justice Holmes stated “man like a tree is the cleft of a rock gradually shapes his roots to the surroundings and when the roots have grown to a certain size, cannot be displaced without cutting at his life.” Aptly this is justification for Law of Adverse Possession. The rationale for adverse possession rests broadly on the consideration that title to land should not long be in doubt, the society will benefit from some one making use of land, the owner leaves idle and that person who come to regard the occupant as owner may be protected. The maxim that the law and equity does not help those who sleep over their rights is invoked in support of prescription of title by adverse possession. In other words, the original title holder who neglected to enforce his rights over the land cannot be permitted to re-enter the land after a long passage of time. The claim to rights and interests in relation to property on the basic of possession has been recognized in all legal systems. Uninterrupted and uncontested possession for a specified period hostile to the rights and interest of true owner; is considered to be one of the legally recognized modes of acquisition of ownership. As owner would be deemed to be in possession of a property so long as there is no intrusion. Non-use of the property by the owner even for a long time would not affect his title. But the position will be altered when another person takes possession of the property and assets rights over it and the person having title omits or neglects to take legal action against such person for years together. The process of acquisition of title by adverse verse possession springs into action essentially by default or inaction of the owner.