Property Law- Adverse Possession.

PROPERTY LAW - Adverse Possession

Introduction

To understand the comments made by juvenile J in Shaw v Garbutt (1996) 7 BPR 14 at 816, it is necessary to discuss the tenet of contrary possession, its requirements and the history of how this lawfulness has been interpreted.

Philosophy of adverse possession

The basic underlying philosophy for the doctrine of adverse possession is that historically come use has been favoured over disuse. The doctrine protects ownership by barring stale claims of non-occupiers and errors in the deed records. The intention is not to reward the diligent trespasser for his persecute nor to penalise the negligent and dormant owner for sleeping upon his rights... .

At putting surface law, the possession of land raises a prima facie presumption that the owner is the owner, and modern cases concentrate on possession as the base of proprietary interest. What this amounts to is that a person may acquire place without the consent of the actual titleholder if he or she possesses it long generous and meets the legal requirements.

Situations may arise where a person who is not the just owner of land occupies the land without the permission of the rightful owner.



This kind of occupation of land may be deliberate, for type by a squatter who is intentionally trespassing on the land, or it may be inadvertent, for example by a neighbouring landowner who unwittingly occupies the property.

The person wrongfully dispossessed of the land has a right to bring proceedings against the occupier to recover the land. However, in certain circumstances, limitation law operates after a period of time to deny the rightful owner the chance to bring such an action. When this happens, the occupier is able to continue in occupation undisturbed except by anyone who can come out a better legal right...

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