patel (employee) 18 August 2015

Can adverse posession be claimed

sir i am having a house within a compound where four other relatives have built houses and we all have a common passage with a well.one of the relatives had occupied 40 sqft of the common passage and its been almost 13 years since he had done so.can he claim the 40 sqft land on adverse posession grounds.kindly advice.

another thing is if one of the relatives wants to sell the plot to a owner of the adjacent plot who has a seperate access to the main road.if the relative does so will the owner of the adjacent plot lay claim over the common passage.can he use it as he wishes.please advice.thank you all in advance

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 19 August 2015

Hire a lawyer. You may need to file a lawsuit to eject the trespasser from the landlord. Or you may want a court to order a structure removed from your property. You must act before the trespasser has been on your land long enough, under your state’s law, to make a successful adverse possession claim.

patel (employee) 19 August 2015

thankyou very much for the reply ramachary sir.i have a small doubt.the relative who had occupied the passage also has claim over it as it is common paasaage for all four relatives in the compound.in that case he himself having claim over the common passage can he claim adverse posession rights.kindly clarify sir