Adverse possession of property
3 weeks ago
Whether parking of commercial vehicle by a vehicle operator in a private plot of land which is not owned by him for more than 12 years create an adverse possession in favor of vehicle operator
A.Dear Client,
A person can claim ownership over the property through adverse possession if he proves continuous and uninterrupted possession over the property for a period of 12 years as prescribed under The Limitation Act, 1963. Article 64 and 65 of the Limitation Act provides 12 years limitation period to file the claims for disposition of property. Further, Section 27 of the Act states that if the suit of claims is not filed within the period of 12 years then the owner looses his right over the property and other person who possess the property during this period can claim ownership over it through adverse possession. So, if the vehicle operator parks his vehicle in a private land for a continuous period of 12 years then his claim for adverse possession cannot be dismissed.
Hope this helps.
Thank you.
A person can claim ownership over the property through adverse possession if he proves continuous and uninterrupted possession over the property for a period of 12 years as prescribed under The Limitation Act, 1963. Article 64 and 65 of the Limitation Act provides 12 years limitation period to file the claims for disposition of property. Further, Section 27 of the Act states that if the suit of claims is not filed within the period of 12 years then the owner looses his right over the property and other person who possess the property during this period can claim ownership over it through adverse possession. So, if the vehicle operator parks his vehicle in a private land for a continuous period of 12 years then his claim for adverse possession cannot be dismissed.
Hope this helps.
Thank you.
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A.Dear Client,
In adverse possession claims, continuous, uninterrupted, and hostile possession of the property for the entire statutory limitation period is required. The Limitation Act, 1963 prescribes a 12-year limitation period for claims based on previous possession (Article 64) and for suits for possession based on title (Article 65). Failure to file a claim within this period may result in the extinguishment of the owner's rights, transferring ownership to the possessor. In the scenario described, if a vehicle operator has parked a commercial vehicle on private land for over 12 years, adverse possession claim for ownership cannot be dismissed.
In adverse possession claims, continuous, uninterrupted, and hostile possession of the property for the entire statutory limitation period is required. The Limitation Act, 1963 prescribes a 12-year limitation period for claims based on previous possession (Article 64) and for suits for possession based on title (Article 65). Failure to file a claim within this period may result in the extinguishment of the owner's rights, transferring ownership to the possessor. In the scenario described, if a vehicle operator has parked a commercial vehicle on private land for over 12 years, adverse possession claim for ownership cannot be dismissed.
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A.Dear Client,
It may be noted that in the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. In the given situation, if the vehicle operator using that private land for parking his commercial vehicle for more than 12 years, then his claim of ownership of that land on the ground of adverse possession cannot be ruled out.
It may be noted that in the claim of ownership by adverse possession, possession and occupancy of the property by the claimant shall be continuous, uninterrupted and unbroken for the entire statutory limitation duration. Possession must be hostile possession means that the Claimant/ occupier is occupying the land despite knowing that he/she doesn’t hold any legal title to occupy or possess the said property. According to Article 64 of the Limitation Act, 1963 the limitation period is prescribed of 12 years for a claim based on the previous possession; not on the title. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner by the right. In the given situation, if the vehicle operator using that private land for parking his commercial vehicle for more than 12 years, then his claim of ownership of that land on the ground of adverse possession cannot be ruled out.
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A.Dear Sir,
Better enter into some agreement and if owner is interacting with that operator then it does not amounts to adverse possession.
Better enter into some agreement and if owner is interacting with that operator then it does not amounts to adverse possession.
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