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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.
These rules are much more difficult to satisfy than the common law with regard to adverse possession, although it is now clear that all rules of adverse possession (in unregistered land, under the LRA 1925 and under the LRA 2002) are human rights compliant, see generally the judgment of the Grand Chamber of the European Court of Human Rights in ...
Adverse possession is a legal concept that occurs when a trespasser, someone with no legal title, can gain legal ownership over a piece of property if the actual owner does not challenge it within ...
In the same way, the passage of time can bring to an end the owner's right to recover exclusive possession of a property without losing the ownership of it, as when an adverse easement for use is granted by a court. In civil law countries, possession is not a right but a (legal) fact, which enjoys certain protection by the law.
In Texas, where it takes 10 years of squatting to obtain property through "adverse possession," a man named Kenneth Robinson recently tried to claim a $330,000 home in the city of Flower Mound for ...
Adverse possession; section 75(1) of the Land Registration Act 1925 (repealed 13 October 2003) J A Pye (Oxford) Ltd and Others v Graham and another [2002] is an English land law judgment from the final court of appeal at the time, the House of Lords , on adverse possession .
Usucaption is a method by which ownership of property (i.e. title to the property) can be gained by possession of it beyond the lapse of a certain period of time (acquiescence). While usucaption has been compared with adverse possession, the true effect of usucaption is to remedy defects in title of lands that are without encumbrance on them.
Land law, or the law of "real" property, is the most significant area of property law that is typically compulsory on university courses. Although capital, often held in corporations and trusts, has displaced land as the dominant repository of social wealth, land law still determines the quality and cost of people's home life, where businesses and industry can be run, and where agriculture ...