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Gokul   14 March 2024

Tower vs landowner

Private tower company had erected a mobile tower in my 5000 sq ft land at 2008 for 12 years. On 2021, the same company revised the contract till 2030.

 

Can the same company claim the land by saying adverse possession by referring 20 years rent agreement. Please clarify



Learning

 2 Replies

Kartikey Tiwari   14 March 2024

No, the presence of a mobile tower on your land with a rent agreement unlikely qualifies for adverse possession by the tower company. Here's why:

Adverse Possession Requirements:

Continuous and Uninterrupted Possession: The company needs to show they occupied the land exclusively for a specific period (varies by jurisdiction, but typically 10-20 years). A rent agreement acknowledges your ownership and contradicts this claim.

Hostile Possession: Occupancy must be against your wishes. Paying rent signifies they have your permission.

Open and Notorious Possession: The company's use of the land must be evident and known to you. This is likely met, but the other factors outweigh it.

Payment of Taxes (in some jurisdictions): Some areas require the adverse possessor to pay property taxes. A renter wouldn't typically do this.

The Lease Agreement Strengthens Your Case:

The 2021 lease agreement reaffirms your ownership and their status as a tenant. It resets the clock on adverse possession, meaning the 12 years before 2021 wouldn't count.

T. Kalaiselvan, Advocate (Advocate)     14 March 2024

You have a valid lease agreement with the them, hence there is no question of their possession of the land will be adverse to you.

 


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