Property Presentation Ii

Kinds of Property
• Corporeal and Incorporeal

• Moveable and Immovable
• Real and Personal
• Public and Private
Modes of acquisition of property
• Possession
• Prescription
• Agreement
• Inheritance
Ownership
• Belongs to one’s self with emphasis to
indicate the exclusion of others.
Austin defined Ownership as a right indefinite in
point of user , unrestricted in point of
disposition and unlimited in point of duration
over a determinate things.
The right of ownership-

(i) As the right indefinite in point of user
(ii) As the right unrestricted in point of disposition
(iii) As the right unlimited in point of duration
Holland – The owner has three rights in the
subject matter of owner ship (i) possession
(ii) enjoyment (iii) disposition.
Dias-
(i) Ownership is a kind of interest recoganised by
law.
(ii) Ownership consists of a bundle of rights.
(iii) The object or the thing which is owned by the
owner is the subject matter of ownership.
Possession
• Possession signify physical detention
coupled with intention to hold the things
detained as one’s own.
• Possession has two elements
(i) Physical control or power over the
object possessed called corpus.
(ii) Intention or will to exercise that power
called animus.
Adverse possession
The possession of property by a person is
adverse to every other person having, or
claiming to have a right of possession by
virtue of a different title. Possession to be
adverse must be an invasion of the
ownership of another.
“nec vi, nec calm, nec precario”
Means without violence, without stealth,

without permission.
Elements establishing Adverse Possession
• Actual
Adverse possession consists of actual occupation of

the land with the intent to keep it solely for oneself.
Merely claiming the land or paying taxes on it, without
actually possessing it, is insufficient. Entry on the land,
whether legal or not, is essential. A trespass may
commence adverse possession, but there must be more
than temporary use of the property by a trespasser for
adverse possession to be established. Physical acts
must show that the possessor is exercising the
dominion over the land that an average owner of similar
property would exercise. Ordinary use of the
property—for example, planting and harvesting crops or
cutting and selling timber—indicates actual possession.
In some states acts that constitute actual possession
are found in statute.
Open and Notorious
An adverse possessor must possess land openly for the entire
world to see, as a true owner would. Secretly occupying another's
land does not give the occupant any legal rights. Clearing, fencing,
cultivating, or improving the land demonstrates open and notorious
possession, while actual residence on the land is the most open
and notorious possession of all. The owner must have actual
knowledge of the adverse use, or the claimant's possession must
be so notorious that it is generally known by the public or the
people in the neighborhood. The notoriety of the possession puts
the owner on notice that the land will be lost unless he or she seeks
to recover possession of it within a certain time.
Exclusive
Adverse possession will not ripen into title unless the claimant has
had exclusive possession of the land. Exclusive possession means
sole physical occupancy. The claimant must hold the property as
his or her own, in opposition to the claims of all others. Physical
improvement of the land, as by the construction of fences or houses,
is evidence of exclusive possession.
Hostile
Possession must be hostile, sometimes called adverse, if title is to
mature from adverse possession. Hostile possession means that
the claimant must occupy the land in opposition to the true owner's
rights.
One type of hostile possession occurs when the claimant enters and
remains on land under color of title. Color of title is the appearance
of title as a result of a deed that seems by its language to give the
claimant valid title but, in fact, does not because some aspect of it
is defective. If a person, for example, was suffering from a legal
disability at the time he or she executed a deed, the grantee-
claimant does not receive actual title. But the grantee-claimant does
have color of title because it would appear to anyone reading the
deed that good title had been conveyed. If a claimant possesses
the land in the manner required by law for the full statutory period,
his or her color of title will become actual title as a result of adverse
possession.
Continuous & Uninterrupted - All elements of adverse
possession must be met at all times through the
statutory period in order for a claim to be successful
The statutory period, or "statute of limitations", is the

amount of time the claimant must hold the land in order
to successfully claim "adverse possession".
(In India as per Limitation Act 1963, the statutory period is
12 years)
For possession of When the

immovable possession of the
65. property or any Twelve years defendant
interest therein becomes adverse
based on title. to the plaintiff.
Effects of Adverse possession.
27. Extinguishment of right to property
(Limitation Act, 1963)
• At the determination of the period hereby
limited to any person for instituting a suit
for possession of any property, his right to
such property shall be extinguished.
Defenses of Adverse possession

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Property Presentation Ii

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Kinds of Property

• Corporeal and Incorporeal

The right of ownership-

Means without violence, without stealth,

Adverse possession consists of actual occupation of

The statutory period, or "statute of limitations", is the

For possession of When the

Defenses of Adverse possession

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