Is adverse possession possible on the company land using since 44 yrs

511 votes

As you had been occupying the land since 44 years that you do not own, rent or otherwise have permission to use, you can claim what is known as “adverse possession”. If no objection was raised during this period by the said company (true owner) as stipulated in section 65 of the Limitation Act 1963, that is, 12 years in case of private property and 30 years in case of Government/state/public property from the date since the trespasser adversely possesses the property of the true owner, the company (true owner) is barred from initiating any legal proceeding to repossess their property. Evidently, the right of such company to obtain possession is extinguished but its right to the property has not been. The right to a property and right to regain possession of the same are two different things. There is no law which provides for `conferral of title' as such on a person who has been in adverse possession for whatever length of time. When it is said that the person in adverse possession `has perfected his title', it only means this. It does not mean that it confers ownership or title on the adverse possessor. However, there are some important aspects and requirements that needs to be tested for acquiring title over a property by adverse possession. If you need any guidance you may contact me or any other attorney.

Advocate Robert D Rozario LawRato