Law For All TT
  • Home
  • About
  • Contact us
  • Our Services
  • Our Team
    • Cari Chandler-Martin
    • Peggy Francis-Pierre
    • Christine St. Marie
    • Shemica Bravo
  • Vacancies
  • FAQs
  • Recent Articles
  • JOIN OUR COMMUNITY
  • Search
  • Articles by Category of Law
    • Business Law
    • Civil Law
    • Constitutional Law
    • COVID-19
    • Criminal Law
    • Divorce
    • Employment Law
    • Family Law
    • Immigration Law
    • Land Law
    • Landlord & Tenant
    • Legal Documents
    • Road & Traffic Law
    • Tort Law
    • Will & Probate Law

WHAT IS ADVERSE POSSESSION?

12/5/2020

1 Comment

 
Picture
Picture
CONTACT US HERE
Share This:
​
​Adverse possession is a legal rule that allows an occupier (a squatter) of land (who does not have legal title to it) to obtain ownership of it if he can prove exclusive, continuous and uninterrupted possession of the land for at least sixteen (16) years in the case of land owned by an individual or thirty (30) years in the case of land owned by the State.

To establish adverse possession one must fulfill the following requirements:
​1. Actual possession
There must be a sufficient amount of physical control over the property by the squatter. He must physically use the land as a property owner would. Examples include, clearing the land, planting crops, planting trees, harvesting the fruit on the land, grazing livestock, cutting timber, fencing the property, constructing a building/s, improving the building/s on the land and other improvements. Enclosure, that is, fencing of the land is strong evidence of adverse possession but it is not necessarily conclusive. Paying taxes does not establish actual possession, but may be admitted as evidence of the claim of adverse possession. The true owner’s payment of taxes does not affect the adverse possessor’s actual possession.

2. Intention to possess
The adverse possessor must provide evidence that he had the “intention to possess.” He must show that he intended to take the land for himself, to use it without the legal owner’s consent, not to share it with the legal owner. This might be inferred if a person takes possession of a house and changes the locks, or if a person moves a fence, or puts a lock on a gate. If the occupier acknowledges the true owner’s title in any way this will negate any intention to possess. For example, if the possessor starts paying the true owner rent to stay on the property.

3. Continuous possession
The adverse possessor must show that the property was held CONTINUOUSLY for the requisite time period, that is, at least 16 years for privately owned land and at least 30 years for state owned land.  Time will continue to run in favour of the squatter unless and until he vacates the premises or acknowledges the true owner’s title. If possession is abandoned by a squatter, and there is a gap between the second squatter, the owner has possession in law during this gap and then land ceases to be in adverse possession – the limitation period (16 or 30 years) starts over from the time of the arrival of the second adverse possessor. Occasional activity on the land with long gaps of inactivity will fail the test of continuous possession.

4. Exclusive possession
The adverse possessor must hold the land to the exclusion of the true owner. Anyone who enters the land with the permission of the true owner fails to have exclusive possession.

5. Open and notorious
The adverse possessor’s use of the property must be so visible and apparent that it gives notice to the legal owner that someone may assert a claim. The actions must be of such character that would give notice to a reasonable person. If the legal owner has knowledge, this element is met. It can also be met by fencing, posted signs, crops, buildings, or animals that a diligent owner would be expected to know about.

6. Adverse
If a person is in possession of the land with the permission of the true owner, his possession cannot be adverse; the possession must be without the permission of the true owner.
​
If you believe you fit these requirements, it is possible that you have acquired a possessory title over property. In order to get a document evidencing this, you will need to retain an Attorney-at-Law. The attorney will take you through the legal procedures required to obtain paper title to the property.

Important Notice: This post does not constitute legal advice. Always consult with an attorney on any legal problem or issue.

​This website is managed by AURORA Chambers; a law practice in Trinidad and Tobago.

Click HERE to receive updates straight to your inbox by subscribing to our newsletter.
Picture
1 Comment
Clarke
7/1/2024 02:13:29 pm

Wasn't that law was rescinded in 2000 ?

Reply



Leave a Reply.


    Categories

    All
    Administrative Law
    ADR
    Business Law
    Civil Law
    Constitutional Law
    Contract Law
    COVID 19
    Criminal Law
    Divorce
    Employment Law
    Estate Planning
    Family Law
    Human Rights Law
    ICT Law
    Immigration Law
    Land Law
    Landlord & Tenant
    Legal Documents
    Popular Posts
    Road & Traffic Law
    Tax Law
    Tort Law
    Will & Probate Law

    Archives

    May 2025
    April 2025
    March 2025
    November 2024
    August 2024
    June 2024
    May 2024
    April 2024
    March 2024
    February 2024
    December 2023
    October 2023
    September 2023
    May 2023
    April 2023
    January 2023
    October 2022
    September 2022
    May 2022
    April 2022
    March 2022
    June 2021
    December 2020
    September 2020
    July 2020
    June 2020
    May 2020

    RSS Feed

LawForAllTT.com

Our Services
Contact Us
Search
​
Blog
Home
​
Privacy Policy
Comments Policy
IMPORTANT NOTICE:  LawForAllTT.com contains general information about the laws in Trinidad and Tobago. Nothing on these pages constitutes legal advice. Always seek consultation with an attorney for your specific legal concerns as only a professional familiar with the details of your situation can provide proper guidance.
CONTACT US:
BOOK A CONSULTATION
Email us: [email protected]
Call: (868) 236-6197, WhatsApp: (868) 374-2905
​
44 Eastern Main Road,
St. Augustine,
Trinidad.
FOLLOW US:
© COPYRIGHT 2020 - 2024 LAW FOR ALL BLOG, www.lawforalltt.com
Managed by the AURORA Chambers Legal Practice 

​ALL RIGHTS RESERVED.
  • Home
  • About
  • Contact us
  • Our Services
  • Our Team
    • Cari Chandler-Martin
    • Peggy Francis-Pierre
    • Christine St. Marie
    • Shemica Bravo
  • Vacancies
  • FAQs
  • Recent Articles
  • JOIN OUR COMMUNITY
  • Search
  • Articles by Category of Law
    • Business Law
    • Civil Law
    • Constitutional Law
    • COVID-19
    • Criminal Law
    • Divorce
    • Employment Law
    • Family Law
    • Immigration Law
    • Land Law
    • Landlord & Tenant
    • Legal Documents
    • Road & Traffic Law
    • Tort Law
    • Will & Probate Law