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Adverse Possession In Real Estate

Span Of Possession

While the period of possession is not the only criteria for acquiring adverse possession, it is an extremely essential one. In most countries, the minimum number of years of possession is 20 years. If this tenure isn’t met, you cannot claim a stake over the ownership.

Intent Of Hostile Possession

Another essential requirement for this type of possession is the intent behind the possession. The court deems that it will consider the transfer of ownership valid, only when the adverse possessor has a hostile intention to take over the land. However, hostile intent does not require deliberate, willful, unfriendly animosity. In fact, hostile intent does not depend 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

The law states that this kind of possession is valid before 20 years of possession, provided that the original owner of the land willingly gives the title to the current owner. This can save both the parties a lot of hassle, but is usually extremely rare as no one wants to give away their property for free.