Long possession and an ownership claim

At a glance

Length of occupation alone should not be treated as a title certificate. The legal character and history of possession are central to any limitation-based claim or defence.

Law and context

The Limitation Act contains provisions concerning possession claims and extinguishment of rights, subject to the relevant article and facts. Permissive occupation, tenancy, co-ownership and an asserted adverse claim can raise different issues.

Practical next step

Prepare a truthful possession chronology, identify how entry occurred and preserve communications acknowledging another person’s rights. Obtain advice before asserting that a claim has become time-barred.

Important qualifications

This page does not explain how to take another person’s property or calculate acquisition of title. Special land categories and current judgments require assessment.

Document checklist

• Entry and occupation history
• Permission or tenancy documents
• Title record
• Relevant acknowledgments and proceedings

Sources

• The Limitation Act, 1963 — 27
• The Limitation Act, 1963 — Articles64,65

General information. The appropriate course depends on the complete facts, documents and applicable law. Editorial process and website disclaimer.