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Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
Provided the common law requirements of "possession" that was "adverse" were fulfilled, after 12 years, the owner would cease to be able to assert a claim. However, in the LRA 2002 adverse possession of registered land became much harder. The rules for unregistered land remained as before.
However, new types of land ownership is generally disallowed, under the numerus clausus principle, unless they are introduced by legislation. [13] In most states, full ownership of land is known as fee simple, fee simple absolute, or fee. [14] Fee simple refers to a present interest in the land, which continues indefinitely into the future. [14]
Land Law addresses the legal mandates set forth by a country in regards to land ownership, while land rights refer to the social acceptance of land ownership. Landesa takes the stance that although the law may advocate for equal access to land, land rights in certain countries and cultures may hinder a group's right to actually own land. [ 2 ]
[12] Indigenous peoples frequently encounter this principle. [13] There is some question as to whether the principle applies to Native American land claims. [14] [15] It has been said [by whom?] that "squatter's rights" and "possession is 9/10 of the law" were largely responsible for how the American West was taken. [16] [dead link ]
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The legal concept of land tenure in the Middle Ages has become known as the feudal system that has been widely used throughout Europe, the Middle East and Asia Minor.The lords who received land directly from the Crown, or another landowner, in exchange for certain rights and obligations were called tenants-in-chief.