ownership by adverse possession

If the creditor has the mortgage documents, why does he not move for title?

Seems that the agreement is  verbal. Is it?

Adverse possession has and needs three main ingredients.

a) Continous possession for 20/30 years

b) No challenge

c) In full public view. In rem's eyes.

A mortgage document may not meet b) above.

Regards,

Bapoo M.  Malcolm

In your case, read 20 years.

Bapoo M Malcolm

Thanks Malcolm

also would like to know whats the 12yrs period for adverse possession. some also say 12 years.

would be thankful if you could clear this doubt.

aslo did not understand the following statement.

"A mortgage document may not meet b) above"

kindly reply

It's 20 years plus a day for adverse possession of private property.

I have a feeling there is no documentary evidence in your case. Am I correct?

Adverse possession cannot be in the face of a challenge. A deed or document or correspondence can change the colour of the adverse possession. It then denies all the three criteria.

In short undisturbed, contious and open possession is necessary.

Bapoo M Malcolm

Thanks for the information. and the promptness of your reply