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Monday 1 September 2014

PROPERTY POSSESSION RIGHTS

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Possession In essence means that holding an immovable property in possession with or while not title of possession.It's never-ending act of claiming exclusive use of the property as if the holder owns the property to that he could or might not be having right of possession. Possessions are of assorted sorts. Adverse possession, symbolic possession, possession below a sealed power of professional, possession below lien and possession below part-performance of a contract are many vital ones.

A person in possession of an immovable property has sure right and interest within the property he's holding. The soul has such a powerful management over the immovable property that he will keep others out from occupying it. Unless otherwise tested, possession could also be taken as title of possession. Mere possession of an immovable property doesn't mean that the person is that the real owner of the property.

Holding a property once a decree is passed for vacating it, even once enough time is given for vacating the premises, is illegitimate and can't be termed as permissive possession, possession don't seem to be one and therefore the same. Possession means that not solely physical possession (or constructive possession) of a property however additionally full management over it. Occupation means that the proper to carry and occupy a property. Possession means that lawful possession of a property which cannot go with actual physical possession of property.

A property owner provides his agricultural land to a tenant for cultivation. Though' the property is that the same, the rights implemented area unit completely different. The owner possesses the land while not occupation and therefore the tenant cultivates the land while not possession. The mere right to cultivate doesn't confer the proper of possession on the tenant.

Similarly, in an exceedingly mortgage, the tenant because the mortgage holder is in actual physical possession of associate immovable property and therefore the property owner because the debtor is that the true owner of the property. Here the mortgage holder possesses the property while not possession and therefore the debtor owns the property while not occupation. Possession is temporary. Possession is permanent.

Adverse Possession means that an individual possessing associate immovable property that is unfavorable, unhelpful or harmful to the interest of the rightful owner. Adverse possession is possession of a property by an individual on his behalf or on behalf of another person on that verity owner features a right of immediate possession. If, however, verity owner doesn't enforce his right at intervals the closing date stipulated below Law of possession of the property becomes adverse to verity owner. The result's that verity owner not solely loses his right, title and interest within the property however additionally cannot maintain a suit in an exceedingly court of law.

Possession should be hostile in total denial of the title of verity owner. The soul should be in possession of the property below a claim of right. The property should be in his continuous possession and therefore the individuals within the neighborhood should grasp that he has been staying on the premises peacefully and incessantly for a protracted amount of your time and paying taxes in his name thus on show that the title of property is adverse to verity owner. It should be open and hostile enough for the interested parties to return to understand of it.

A person, who solely holds associate immovable property physically, openly, peacefully and while not interruption by verity owner for a amount of 12 years or a lot of, is taken into account to possess non heritable the possession and title of the immovable property by adverse possession.The expression adverse possession indicates a hostile or unfriendly possession that is either expressed or tacit by open denial of the title of verity owner. 

Adverse possession may be a one- sided act. Therefore, it cannot be documented. An individual holding a property for a protracted time doesn't mean that title of the property may be denied to verity owner. Possession turns adverse only the rights of the soul and therefore the true owner don't match. The person holding possession of the land ought to hold identical on his own behalf or on behalf of some person apart from verity owner, whereas verity owner right along features a right of immediate possession of the property. 

Further possession to represent adverse possession ought to be exclusive and actual physical possession. It’s not in the least necessary that verity owner ought to have actual data of the adverse possession goodbye because it is open and therefore the interested parties have data of it. Also, it's not necessary that the person claiming the title of adverse Mr. A, who claimed to be a 'thika tenant' since 1966, was rental out the property to tenants. However, he had right along been claiming to be the professional of Mr. B. it absolutely was solely since 1975 that Mr. A started depositing rent in his own name. Mr. A filed a suit in 1982 for final injunction seeking to restrain the owner from taking on the property from him. The court detected Mr. A's case and control that Mr. A had been a unwelcome person on the property, however started declarative his rights solely from 1975 and not earlier. The court control that the suit filed in 1982 was pre-mature, as at the time once the suit was filed, Mr. A. wasn't in adverse possession of the property for twelve years.

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