What is adverse possession of property?

Adverse possession is the process whereby a person who is not the legal owner of land can become the legal owner by possessing that land for a period of time set by law.

How do you get possession of property?

To claim possession the occupier must have no right to occupy the property. Either the occupier never had any rights (squatters) or those rights must have come to an end. The landlord is normally required to serve a notice and then, if the tenant fails to leave, to pursue possession proceedings through the Courts.

What happens when someone builds on your land?

Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land. This issue might come up if, for example, one of your neighbors were to build a shed that is partially on your property, or expands his house so that a porch ends up on your property.

What are the five elements of adverse possession?

A typical adverse possession statute requires that the following elements be met:

• Open and Notorious. The person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious.
• Exclusive.
• Hostile.
• Statutory Period.
• Continuous and Uninterrupted.

How many grounds for possession are there?

There are 17 grounds for possession as laid out the Housing Act 1988 & 1996. (see below for simplified & comprehensive list) They set out what circumstances should exist to allow a landlord to legally start possession proceedings of their rental property let under an assured tenancy or Assured Shorthold Tenancy.

Can a building be built on land owned by someone else?

This is true unless the owner of the building and the owner of the land have agreed in writing that the building remains separate from the realty and is not to be considered a fixture. The best way to deal with a building on land owned by someone else is by written agreement.

Is a building built on someone else’s property a fixture?

Many lawyers have erroneously believed that a structure built on someone else’s property is a fixture and becomes part of the real estate. This is true unless the owner of the building and the owner of the land have agreed in writing that the building remains separate from the realty and is not to be considered a fixture.

Can a building owner claim ownership of a building?

If the building has been there for a long time and the true owner has not objected, the building owner could potentially claim ownership of the land by adverse possession. It varies by state in the US but the open and notorious possession of someone else’s property is usually around 15-20 years before title will shift.

What to do if a building is illegally constructed on land?

In any case, if the building has been illegally constructed on the land, one could approach the High Court and file a writ, praying for issuance of directions on the concerned municipal and urban development authorities to take down the structure. Also, if it is an ongoing construction, or if it is a completed structure and the aggrieved party