Adverse Possession
3 articles
A Right of Way Is Not a Right to Exclude: Bombay High Court on Gated Access Over Government Land
Forty-five years of maintaining a gate at the entrance to a government access road did not give a Mumbai housing society the right to keep it there. The Bombay High Court's order separates a permissive right of way from an allotment of land, and shows why a pending adverse possession suit over one plot does not shield unrelated encroachments on another.
13 min readSupreme Court: A Claim of Religious Dedication and a Claim of Adverse Possession Cannot Both Stand
Dismissing an appeal by a Dera's legal representatives, the Supreme Court has held that a party cannot simultaneously claim that land was dedicated to it and that it separately perfected title by adverse possession, and that decades of revenue entries recording rent-free religious possession do not, without more, establish either.
13 min readNo Money for Trespass: Himachal Pradesh High Court on Demolition as the Only Remedy for Encroachment, and Why a Second Adverse Possession Plea Failed
A land dispute that had already been to the Himachal Pradesh High Court once returned nearly two decades later, this time asking whether a proven encroacher could keep his house by paying compensation instead, and whether an adverse possession plea already rejected once could be tried again. The Court's answers turn on two doctrines every property litigator should have ready: the remedy for trespass, and the limits issue estoppel places on repeat litigation.
13 min read