You have stated tht the landlord/owner has died more than 20 years ago and you have not been paying any rent for the last 20 years or so, then you can perfect the title to the property operating law of adverse possession.
The tenant can claim adverse possession if there was any breach of contract, or any action of the owner which proves that permissive possession was ceased. Thus, if the contract is terminated by either of the parties, the clock would start clicking. If after termination tenant does not vacate the property within 12 years or if an owner does not claim its ownership rights then the tenant can claim adverse possession after completion of 12 years.
In your case the lease agreement between the landlord and the tenant stood automatically terminated upon the death of the landlord and the payment of rent amount also stopped thereafter.
It is a doctrine through which ownership of a property is transferred to the other individual if that individual is successful in fulfilling the following elements-
- Actual- there has to be an actual-physical entry by the individual with the intent of keeping it solely for oneself. The individual need to exercise domain over the property just like an original owner.
- Continuous- the individual needs to occupy the property continuously for more than 12 years. The possession should not be interfered or discontinued in between. As per articles 64 and 65 of the Limitations Act, 1963, there has to an absence of actual possession by the original owner for 12 years. The period of limitations starts from the date when the individual makes an open acquisition of the property.
- Exclusive- the individual needs to have sole physical occupancy of the property. One of the ways to prove sole physical occupancy is to make physical improvements like construction. However, this does not discard the scope of joint tenancy. For example, if two occupants are acquiring a property jointly against the owner, then both of them can claim adverse possession.
- Open- the individual needs to make the acquisition obvious to the entire world by occupying the land openly. One way of establishing one’s possession is by making the fence, improving the property, doing construction, etc. It has to be a clear notification to the neighbors and the owners that the land has been acquired by the individual.
- Hostile- the individual needs to occupy the land against the rights of the true owner. It cannot be based on the consent of the owner. One way is through the color of title. It happens when someone occupies the property based on some title deed which is defective.
You may first file file a suit for declaration to declare your title to the property operating the law of adverse possession after which you can go for the proposed repairs of the building.
