Adverse Possession: Squatter's Rights

Adverse possession is a legal doctrine under the Limitation Act, 1963, that allows a person to claim ownership of land they have occupied continuously for a statutory period.

Five Requirements (All Must Be Met)

1. Actual possession — physical occupation of the land
2. Open and notorious — not hidden; the true owner could have known
3. Hostile — without the owner’s permission
4. Continuous — uninterrupted for 12 years (private land) or 30 years (government land)
5. Exclusive — not shared with the true owner

What the Supreme Court Says

In Hemaji Waghaji Jat v. Bhikhabhai (2009), the Supreme Court called adverse possession an “archaic law” that rewards dishonesty — but it remains valid law in India.

Practical Tips

• If you own land, inspect it regularly
• Take legal action within 12 years if someone encroaches
• Even a single interruption in possession resets the clock
• Written permission to occupy converts hostile possession into licensed possession, stopping the clock entirely