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Depoorter, Ben --- "Adverse Possession" [2010] ELECD 385; in Bouckaert, Boudewijn (ed), "Property Law and Economics" (Edward Elgar Publishing, 2010)

Book Title: Property Law and Economics

Editor(s): Bouckaert, Boudewijn

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847205650

Section: Chapter 8

Section Title: Adverse Possession

Author(s): Depoorter, Ben

Number of pages: 8

Extract:

8 Adverse possession
Ben Depoorter


A. The concept of adverse possession
The doctrine of adverse possession allows an occupier of a parcel of land
who is not the true owner to acquire title to the land without consent
from or compensation to the `true' owner. This legal rule, firmly estab-
lished in both civil and common law legal systems, specifies that after a
certain period of time, termed the limitation or statutory period, not even
the true owner of the property can bring action to eject an unauthorized
possessor.
Adverse possession was formalized in English common law in 1632
in the Statute of Limitations. It fits within the framework of the general
doctrine of limitations, which fixes the time within which parties must
follow suit to bring an action. After a certain period of time a person,
whether he had acquired the possession of property rightfully or wrong-
fully is to be protected from actions to recover possession of the property
(Callahan, 1961). Under the Statutes of Limitation which were in force
in England prior to 1833 the effect of remaining in possession for the
prescribed period was to bar only the remedy of the person dispossessed,
not his rights. His title remained intact. If he were to obtain possession
of the land in a lawful manner his title would prevail against the posses-
sor. Under the statutes that have been in force since 1833 the right as well
as the remedy of the dispossessed owner is extinguished. The usucapio
...