Adverse possession is a controversial property concept. It says that if someone occupies land openly, continuously, and against the true owner’s interests for a long legal period, they can eventually claim ownership – and the original owner’s rights may be extinguished.
The logic is that law favours those who actually use land and punish owners who sleep on their rights for decades. But courts don’t accept such claims casually. The person claiming must show:
- They were in exclusive, continuous possession for the required number of years,
- Their possession was hostile to the true owner (not with permission),
- It was open and notorious, not hidden.
If you’re a true owner, this is a warning: don’t ignore encroachments, “temporary” occupations, or relatives staying forever without clear arrangements. Regularly inspect your property, pay taxes, fence boundaries, and act promptly if someone tries to treat your land as their own.
For occupiers, remember that adverse possession isn’t a quick lottery ticket. It’s a long, uncertain fight and courts scrutinise claims very closely.
