Adverse Possession: Proving It Is Not a Relatively Easy and Cost Effective Process

ADVERSE POSSESSION 1
ADVERSE POSSESSION
Student’s Name
Institutional Affiliation

ADVERSE POSSESSION 2
Introduction
Adverse possession refers to the legal theory whereby an individual who possesses a
piece of land that is legally owned by another can turn out to be the owner. There are certain
requirements which must be met for a specific amount of time depending on the jurisdiction.
Historically, this theory was used to encourage individuals to out unused land into productive use
rather than having it stay dormant. Before this rule can apply, it is required that an occupation be
hostile, actual, open and notorious, exclusive and continuous. Of course, these must be present
for a specified time frame. Also, it will depend on whether or not the occupation was as a result
of illegal trespassing, or if it was an act of good faith and the trespasser believed that the
occupation was justified. For example, if an individual possess land as a result of an incorrect
deed, then an act of good faith is present. This paper champions the thesis that proving adverse
possession is not a relatively easy and cost effective process.
Proving Adverse Possession
In Australia, there is an old doctrine which states that where an individual who trespassed
is still in possession of the land for 15 years and 1 day, then he or she may have legally acquired
the ownership of the land (Katz 2010, p. 51). Basically, it serves to offer protection to individuals
who have used land over a long period believing it is theirs, from being thrown out by another
individual who gets to discover an error in relation to the original boundaries. A proper example
is when a fence has been wrongfully placed inside the boundaries of another property. The
involved properties may have been sold quite a number times before this mistake is noted.
Therefore, the land owner who loses as a result of this mistake cannot force the other land owner
to move the fence back to the original boundary.