What Is Adverse Possession Law? Why Property Owners Should Be Wary Of It

Being a property owner in India is not easy. Owners who have saved enough money to purchase a respectable property are constantly in danger of losing it due to a scam or legal issue. Many property owners buy the property and rent it to someone for a steady flow of income. However, even this practice can be perilous to the owner due to something called an adverse possession law.

According to the adverse possession law, the individual who has been in a property for more than 12 years shall be granted precedence over the owner in a court of law. Simply put, if a tenant stays in a property for 12 years without the owner intervening, they become the legal proprietors of it. Although advance possession, a form of hostile possession in which the legal owner is denied any claim to their property, has gradually replaced adverse possession. Adverse possession law has its roots in British law.

Nonetheless, property owned by the government is exempt from the 12-year law. The encroachment must demonstrate that ownership of the land has been maintained for the past 12 years without interruption from the owner and that occupancy has been uninterrupted. Additionally, they must offer supporting documentation such as a property transfer, tax receipt, an electricity or water bill, and witness affidavits. The possession must have been peaceful and not obtained by coercion. The possession must have been in opposition to the true owner’s expectations.

To protect their property from the adverse possession law, particularly if one wants to rent out their property for long, is to make a rent agreement. A rent agreement is renewed every 11 months and therefore will not amount to continuous possession of land by the tenant. Additionally, one can keep changing tenants every few years.

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