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 the person who has the 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