Construct · 1 fields · 1 citations

adverse possession: a standalone construct

One name. One construct. A landmark on the map.

● anchor · a single construct in property law Nearest construct by meaning·not indexed
adversepossession1 CONSTRUCTAdverse possessionLIMITATION ACTS · TITLE

A single standalone construct; nearby constructs are located against it in the Collider. Tap a field for its definition, unit, and measures.

Property law

Long open possession can ripen into title

Adverse possession is the rule by which a person who occupies land without the owner's permission, openly and continuously for a period fixed by statute, can extinguish the paper owner's title and acquire ownership themselves. Bogusz and Sexton explain how the limitation period combines with the requirements of factual possession and an intention to possess to bar the dispossessed owner's claim and vest title in the possessor. The referent is the ripening of long-standing wrongful possession into good title, a doctrine that rewards use and penalises owners who sleep on their rights.[1]

Unit
Title acquired by occupation for the statutory limitation period
Recovery means
Not applicable
Measured by
Established by factual possession, an intention to possess, and the absence of the owner's consent across the limitation period

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Nearby constructs

doctrine1 fields · 2 citationsanchor · a standalone constructgood2 fields · 5 citationsjingle · one word, two constructsperiod1 fields · 1 citationsanchor · a standalone construct

References

  1. Bogusz, B., & Sexton, R. (2022). Adverse possession and the Limitation Acts. In Complete land law. Oxford University Press. https://doi.org/10.1093/he/9780198869009.003.0015

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