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What do you need to know about adverse possession?
The law on adverse possession concerns the process by which title to real property owned by another party is acquired without the payment of compensation, by, as its name suggests, occupying the property in a manner that conflicts with the true owner’s rights for a minimum specified period of time.
What does the European Court of Human Rights say about adverse possession?
The statement under discussion suggests that the Law Commission, Parliament and the European Court of Human Rights have indicated a negative disposition towards adverse possession because none of those bodies takes sufficient account of the significant public interests supported by the doctrine.
Why is adverse possession of land a controversial doctrine?
This doctrine is controversial as it permits squatters to lawfully steal a piece of land for the legal owner. The rationale behind this doctrine is the equitable maxim of “Vigilantibus non dormientibus, jura subveniunt”.
Last Update: Oct 2021
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