Analysis of the Concept of Adverse Possession






Arnav Ghai & Puneet Maharishi, Jindal Global Law School

ABSTRACT


The research proposal focuses on the concept of Adverse Possession and how its misuse by any government can lead to serious environmental and economical problems for the society as a whole, for which various examples and models are provided throughout the proposal for the reader to understand. And the impact of these different models on the owner of property and the claimant of the property. Then it sheds some light on how as the use of property over a period of land for activities such as grazing, agriculture , timber cutting, using it for firewood, exploiting it further and further for all the different kind of economic benefits can lead to the environmental degradation of the place , and the places surrounding it as the adverse possession rules in some part of the globe , more for instance in the western society ,favor the right of the claimant towards the property, so the economic exploitation of property is directly linked to the higher chances of adverse possession being undertaken. Then at the conclusion the paper focuses on several instances and methods which are necessary to be carried out by the government and the people in general so as to prevent the exploitation of land in the name of adverse possession to take place, various examples being restricting the transfer of title of property from own claimant to its successor, laying out strict guidelines for the uses of wildlife areas and its private possession by different organization’s for their own use , only if the unfiltered use of the private properties can be prevented by the government and various measures need to be put in check so as to ensure so as to ensure there is no environmental exploitation at all.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.