Adverse Possession: A Legal Law Fulfilled Illegally
The individual has to possess the property in a real as well as visible manner.
The individual must possess the property mentally. This is also known as hostile possession. It means that the person who possesses the land restricts any outsiders from using it.
The possession of the property hast to be unremitting for a statutory period. If the person leaves the property at any time, the amount of time that was spent to get adverse possession of the property is nullified.
Although adverse possession is a legal term or law, it can't be called legal. The time period of occupation of the property, before getting the title of ownership, is actually illegal. The actual property owners sometimes lose their ownership because of their negligence. As a result the squatters take the ownership of the land, after occupying it for the legally required period.
Here are some steps that should help owners to keep their land or property safe from any outsiders:
Owners should keep a lookout on the property regularly. The reason for the law of adverse possession to be in existence is that, the government wants the owners to look after their land or property and to keep it in use.
If the owners find out or get to know about some person or people who are using the land or possessing it in anyway, the owners should immediately ask the trespassers to vacate the property. If they refuse, the owners should get an order from the court with the help of a property lawyer.
The owners should exactly know the location and extent of their land. They may use barricades or fences to mark their land. This helps in keeping a check on the property.
The law of adverse position seems favorable for the state or nation as no land remains unused. It is also profitable to the person who applies or gets the ownership of the property on the basis of this law. But for the genuine owner, it seems to be total injustice.
Adverse Possession: A Legal Law Fulfilled Illegally