ABSTRACT
The concept of adverse possession is rooted in the theory that the basis of title to land in English law is possession. The fact of possession gives a title to the land, which is good against all persons except one who has a better right to possession. All titles to land are relative in the sense that a person’s title, including a documentary (or ‘paper’) title, is only good in so far as there is no other person who can show a better title. The effect of adverse possession is that a person who is in possession as a mere trespasser or ‘squatter’ can obtain a good title if the true owner fails to assert his superior title within the requisite limitation period in the particular jurisdiction. 1
Limitation of actions in this context expresses the idea that, whilst it may seem unjust that a wrongdoer should, after expiry of the limitation period, be allowed to retain the land as against the true owner, it would be detrimental to the public interest if persons were to be allowed to bring ‘stale’ claims. In the words of Lord St Leonards: 2
All statutes of limitation have for their object the prevention of the rearing up of claims at great distances of time when evidences are lost; and, in all well regulated countries, the quieting of possession is held an important point of policy.
