What is the legal concept of “adverse possession”?

The legal concept of “adverse possession” refers to a process where ownership of land can be claimed through continuous use. This means that if a person occupies and uses a piece of land for a certain period of time, in a manner that is open, notorious, exclusive, and adverse to the interests of the true owner, they may be able to claim legal title to that land, despite not having formal ownership rights.

The key elements of adverse possession typically include: continuous possession for a statutory period, actual possession (meaning the claimant is physically using the land), open and notorious use (meaning the use is visible and apparent, so the true owner is on notice), and exclusive possession. The rationale behind this concept is to encourage the productive use of land, discourage neglect, and resolve disputes over land ownership.

This concept does not involve transferring ownership through traditional means (like a sale or a deed), nor does it relate to any tax exemptions or land registration systems for new properties. Instead, it specifically addresses how someone can become a legal owner through their actions on the property over time.