Can a tenant in common claim adverse possession?

(3) For the purposes of this section, 1 or more joint tenants or tenants in common of any land can take adverse possession of the land as against the other tenant or tenants.

When to claim property based on adverse possession?

Supreme Court in Amarendra Pratap Singh v Tej Bahadur Prajapati held that if an unauthorized person is having the possession of an immovable property adverse to the owner for a period of 12 years then the unauthorized person acquired title on account of the default or inaction on part of the real owner.

What is the legal position of adverse possession in India?

Adverse possession is a reminder for those who are the owner of the property to be aware of their interest in the property. The doctrine of adverse possession is applied when the original owner of the immovable property leaves his property unattended for a specific period of time. This specific period of time comes under the Limitation Act, 1963.

What does open and notorious mean in adverse possession?

Also see What “Actual” Possession of Property Means in an Adverse Possession Claim. “Open and notorious” means that it must be obvious to anyone—including a property owner who makes a reasonable effort to investigate—that a trespasser is on the land.

What’s the difference between adverse possession and exclusive use?

Continuous Use: The adverse possessor needs to hold the property continuously throughout the period. Exclusive Use: The adverse possessor needs to be the exclusive user. If, during the period the original owner uses the land, adverse possession cannot be claimed.

What elements are required to claim adverse possession?

Open and Notorious. The person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious.
Exclusive. The land must be occupied exclusively by the person seeking adverse possession and may not be shared with the public or the true owner.
Hostile.
Statutory Period.
Continuous and Uninterrupted.

Why to allow adverse possession?

Overall, the idea of adverse possession is important because it ensures that the land is used efficiently. If a legal owner is not making use of the property and it is becoming deserted, someone willing should have the ability to take over the land and utilize it efficiently.

What is adverse possession and is it legal?

Adverse possession is a legal doctrine that allows a person to claim a property right in land owned by another. Common examples of adverse possession include continuous use of a private road or driveway, or agricultural development of an unused parcel of land.

What can an owner do to prevent an adverse possession?
- Requirements for Adverse Possession. Adverse possession must occur for a specific period of time that differs from state to state — often 20 years.
- Fence and Gate the Property.
- Expulsion and Permission.
- Lawsuit to Eject and Remove Improvements.