Law of Adverse Possession Prescription and Easementary Rights

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Description
The concept of adverse possession is one of the most intriguing aspects in the field of law and the Law of Limitation. This concept may seem to accord rights to those who act in violation of the laws in force. But it is not the case, since it is the way by which a squattor obtains a proprietary right over a piece of land due to the inaction of the actual owner during the statutory period prescribed. In other words, it is the form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued and does away with the doctrine of adverse possession. Adverse possession is commenced in wrong and is aimed against right. Plea of adverse possession is not a pure question of law, rather it is a blended one of fact and law.
It cannot be stated as a general proposition that there could be no adverse possession of property which belongs to a person under disability during the continuance of the disability and the question in each case has to be decided with reference to the anterior relation between the person taking possession and the person under disability, and to whether any circumstances exist which would entitle the Court to hold that the person who entered into possession did so under circumstances which would, in law, make him only an agent or a bailiff of the person under disability.
In revising this book an attempt has been made by the revising author to discuss the case law up-to-date. The entire case laws of importance have been thoroughly overhauled. While all the special features of the book have been retained, several new head-notes have been introduced to illustrate the latest position of law under those head-notes, whereas matters under existing head-notes have been substantiated and suitably retouched with the help of latest case law on the subject.
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Table of Contents
1. General Introduction
2. Co-Relation Between Ownership and Possession
3. Discontinuance of Possession
4. Acquisition of Ownership by Adverse Possession
5. Co-Owners and Adverse Possession
6. Coparcener and Adverse Possession
7. Benami Transactions and Adverse Possession
8. Licence and Adverse Possession
9. Easementary Right and Adverse Possession
10. Mortgagors and Mortgagees
11. Right of Tenancy and Adverse Possession
12. Adverse Possession of Trust Property
13. Lease and Adverse Possession
14. Adverse Possession of Gifted Property
15. Relief of injunction
16. Pleading and Proof
17. Suit for Adverse Possession
18. Appeal, Review and Revision
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Author Details
Arindam Mitra