ABSTRACT

Adverse possession is a means of acquiring land belonging to another person by occupying, or 'possessing', that land for an extended period of time. A claim for adverse possession starts from the time the legal owner of the land is either dispossessed of the land, or discontinues their possession of it. In order to show adverse possession the claimant must be in actual possession of the land. The making of a claim in adverse possession depend upon when the adverse possession took place and whether the land in question is registered or unregistered. The law of adverse possession is in not in breach of human rights. The squatter's possession of the property must be without the permission of the property owner. The claimant's period of adverse possession of a property cease to accrue wherever their action is fraudulent, based upon a mistake, or if any fact relating to the claimant's occupation of the property has been deliberately concealed.