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

Owning property in India is not easy. Owners who have saved enough money to buy a respectable property are constantly at risk of losing it due to some scam or legal issue. Many property owners buy property and rent it out to someone for a steady flow of income. However, this practice can also be dangerous to the owner due to something called adverse possession laws.

As per the adverse possession law, a person who has been living in a property for more than 12 years will have priority over the owner in the court of law. Simply put, if a tenant lives in a property for 12 years without interference from the owner, they become its legal owner. However, advance possession, a form of hostile possession in which the legal owner is denied any claim on 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. Encroachment should demonstrate that the possession of the land has been maintained by the owner without any interruption for the last 12 years and that the possession is uninterrupted. Additionally, they will have to produce supporting documents like property transfer, tax receipt, electricity or water bills and witness affidavits. Possession must be peaceful and must not be obtained by force. The possession must have been contrary to the expectations of the rightful owner.

To protect your property from adverse possession law, especially if one wants to rent out their property for a long period of time, a rent agreement is the way to go. The rent agreement is renewed every 11 months and hence it will not be considered as continuous occupation of the land by the tenant. Additionally, tenants may change every few years.

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