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Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information.
Property can be considered lost, mislaid, or abandoned depending on the circumstances under which it is found by the next party who obtains its possession. An old saying is that "possession is nine-tenths of the law", dating back centuries. This means that in most cases, the possessor of a piece of property is its rightful owner without ...
Virtually every state has some form of an adverse possession law on its books, often dating back more than a hundred years as a way for pioneers to continuously squat on land, improve the land ...
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The Govt. of UP has eased the experience for their citizens to get the land records. UP Bhulekh is a digital service started by the Government of Uttar Pradesh, for its citizens to keep records of their lands or properties online. [23] Other state also provided the digital service for Land record and land registration.
The possession of personal property carries with it the presumption of title, and enables the possessor to maintain an action for conversion against any person except the rightful owner. [148] As against a stranger with no possession rights, mere possession alone is good enough, and in such a case, the plaintiff need prove no more than ...
Usucaption is a method by which ownership of property (i.e. title to the property) can be gained by possession of it beyond the lapse of a certain period of time (acquiescence). While usucaption has been compared with adverse possession, the true effect of usucaption is to remedy defects in title of lands that are without encumbrance on them.
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