MENU
Legal Chatbot
Case Summaries
Law Firms
Documents
Forum
Online Tests
Sign In
Join
How does adverse possession work and can someone really claim my land?
How does adverse possession work and can someone really claim my land? Please share your thoughts.
Share this post with your network:
Comments:
Maurice
said:
Adverse possession, at times referred to as "squatter's rights" allows someone to claim ownership of land they don't legally own if they have continuously possessed it without the owner's intervention for a specified period. In essence, if someone uses your land continuously, openly and without your permission for a long time, they may end up gaining legal ownership.
(
1
)
Raphael
said:
Adverse possession is a means by which an individual can acquire legal ownership of another person's land by possessing it in an actual, open, and continuous manner without the landowner's consent over a specific period.
1. The person claining ownership needs to have actual physical control over the land.
2. The possession must be visible to anyone.
3. The possession must be continous for a period of 12 years.
4. The possession must be without permission of the owner.
(
1
)
User
said:
Limitation of Actions Act (Cap. 22 of the Laws of Kenya) provides that a person can acquire title to land if they have been in open, continous and uninterrupted possession of the land for a period of 12 years without consent of the owner.
The person claiming the land must prove that they have been in possession of the land for 12 years. This can be proved through the following.
1. Cultivation of the land.
2. Construction on the land.
3. Payment of rates on the land.
4. Witness testimony.
(
1
)
Winfred
said:
Adverse possession is a means by which someone may acquire title to the land of another person through certain acts over a defined period of time. To successfully claim adverse possession, one must prove that they have been in actual and continuous possession of the land for at least 12 years and that during this time ,they had the intention to possess the land as if they were the true owner.The question would be whether or not the legitimate title holder has been dispossessed or has discontinued their possession of their lawful title. The statute of limitations cap 22 establishes the following sections in support of adverse possession. Sections 7,13,16,38(1)(2).
Due to the punitive nature of adverse possession against the land owner,a claim based on it cannot be affirmed unless certain elements are proven by the adverse possessor to ensure that registered land owner will not lose their property. To prevent occurrence of adverse possession one should know the property boundaries, grant or deny permission as well as make the land into use.
(
1
)
Guidelines:
Stay on topic.
No spam or self-promotion.
No hate speech.
Avoid posting personal information.
Post your comment now
.
Post your comment here:
Related Topics:
Process of Land Ownership Transfer in Kenya
What is the impact of the Land Registration Act on property owners in Kenya?
Rights and Responsibilities of Landlords and Tenants in Kenya
What is the difference between joint tenancy and tenancy in common?
What are the differences between freehold and leasehold land ownership in Kenya?
View all topics