Judicial Dictionary - A

Judicial Dictionary


Legislative Dictionary


Adverse possession

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TitleAdverse possession
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Adverse possession refers to one person’s occupation of land which is inconsistent with the right of another who claims to be the true owner. “Adverse possession” designates a possession in opposition to the true title and real owner and implies that it commenced in wrong and is maintained against right.

( Alexander Vs. Polk, 39 Miss. 75 )  

For adverse posses­sion the possession required must be adequate in continuity, in publicity and extent to show that it is possession adverse to the competitor. It is not necessary that adverse possession should be shown to have been brought to the knowledge of the competitor and that it is sufficient that the possession is overt and without any attempt at concealment so that the person against whom time is running out, if he exercises due vigilance, to be aware of what is happening.

( Abdus Sattar Vs. Abdul Rahman, 44 DLR (AD) 100 ) 

Hostile possession which is expressly or impliedly in denial of the title of the true owner. Such possession must be actual and exclusive under a claim of right, adequate in quantity, in publicity and in extent, so as to show that it is adverse to the true owner. Such possession in denial of the title of the true owner must be peaceable, open and continuous. It must be open and hostile enough to be capable of being known to the party interested. 

( Hazera Begum Vs. Roushan Ara Begum, (1987) 39 DLR (AD) 22 ) 

Created OnMay 8, 2010, 7:41 PM
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