Adverse Possession of Land

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The Concept of Adverse Possession of Land
Introduction
According to the common principle of equity, a homeowner has the right to keep off intruders from trespass on their property. The concept of adverse possession of land is a concept of law which some scholars argue that its very existence undermines the common principles of justice and equity. This concept is frequently misunderstood by many due to its collision with the common layman understanding of equity. Simply put, adverse ownership of land is a scenario whereby a trespasser approaches one’s land for a very long time (10 to 12 years) can claim legal ownership of the land. Through this concept of adverse possession, a trespasser can gain a few feet of property or acres (Foster and Cliff McKinney Jr., 99).
Legal requirements for Adverse Possession
Law stipulates legal requirements for one to claim ‘adverse ownership’ of property. First, the trespasser must have a ‘hostile claim’; whereby, the court assesses for the simple occupation, awareness of trespassing, and good faith mistake (Foster and Cliff McKinney Jr., 99). ‘Simple occupation’ states that the trespasser needs not to be informed that the property is owned by somebody else while ‘awareness of trespass’ requires that the trespasser is informed that his actions amount to trespassing. Secondly, the trespasser must fulfil ‘actual possession of land’; that is, proof physical presence and actual use of the property.

Third, the activities of the trespasser must be ‘obvious and notorious’ in the sense that even the owner of the property is informed of the actions of the trespasser (Foster and Cliff McKinney Jr., 99). Lastly, the trespasser must meet the conditions of ‘exclusive and continuous possession’, that is, the trespasser must have possessed the property for a continuous time without sharing it with the initial owner (Foster and Cliff McKinney Jr., 99).
Conclusion
In my opinion, adverse ownership of land is a violation of the principle of equity and justice. This concept is a ‘backwater’ of the principles of law, and it seems to reward wrongdoers. Therefore, adverse owners of land should not be allowed to acquire a title deed.
Work Cited
Foster, Lynn, and J. Cliff McKinney Jr. “Adverse Possession and Boundary by Acquiescence in Arkansas: Some Suggestions for Reform.” UALR L. Rev. 33 (2010): 199.