THE DOCTRINE OF ADVERSE POSSESSION IN MODERN PROPERTY LAW: A REASSESSMENT

Abstract

Adverse possession is a legal doctrine that permits a trespasser to acquire title to land by continually 
occupying it for a prolonged period, usually twelve years, without the authorisation of the land owner. This 
doctrine occurs when a stranger takes over land he does not own. This situation of possession can happen 
intentionally or unintentionally, with a squatter or trespasser occupying the land, such as when someone 
unknowingly encroaches on the land of his neighbour.  This doctrine has become rooted in the property law 
of many jurisdictions. Still, modern intricacies are challenging this age-long rule in a bid to balance the 
competing interests of adverse possessors and true owners. Against this background, this paper examines 
the theoretical underpinnings of adverse possession, the evolution of the doctrine through case law and 
statutory limitations, and the modern challenges and criticism of adverse possession. It renders policy 
reforms as recommendations for the modification of the doctrine or total expulsion from the realm of 
modern property law. The paper accentuates the contemporary realities of absentee landlords or land 
owners and as part of its findings, contends that the social policy considerations of adverse possession are 
contrary to fairness and justice and tantamount to enabling land grabbing. The article recommends the 
remedy of compensation for the landowner or abolition of title to land through adverse possession as done 
in Singapore.