Adverse possession is a legal doctrine by which a person who openly occupies another's land for a continuous statutory period, without the owner's permission, may acquire legal title to that land. It prevents the perpetuation of stale claims and ensures land is used productively.
Governed by the Limitation Act 1963 Articles 64–65: 12 years for private land, 30 years for government land. The adverse possession doctrine has been qualified by Indian courts — good faith possession alone is not sufficient; the possessor must have knowledge that the land belongs to another (Hemaji Waghaji Jat v Bhikhabhai [2009] SC). Courts have discussed whether adverse possession should be abolished.
Land Registration Act 2002 (England and Wales) substantially reformed adverse possession for registered land — a squatter who occupies for 10 years can apply for registration; the registered owner is notified and has 65 days to object. Unregistered land: 12 years under Limitation Act 1980.
Common law adverse possession requires the five elements above. Statutory period varies by state (e.g., 5 years in California under color of title, 20 years in many eastern states). Color of title and payment of taxes can reduce the required period.
Under the Limitation Act 1963 Article 112, the limitation period against the government is 30 years. However, many Indian courts have held that government land cannot be adversely possessed as a matter of public policy. This is an area of ongoing judicial debate.
Trespass is the immediate tort of entering another's land without permission. Adverse possession is a long-term doctrine — the possessor can convert their unlawful possession into legal title only after continuous, open, exclusive, hostile possession for the statutory period.
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