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Poniżej źródło brytyjskie:

adverse possession The occupation of land to which another person has title with the intention of possessing it as one's own. The adverse possessor must occupy the land as if he were entitled to it to the exclusion of all others, and he must intend to occupy it as his own. In the case of unregistered land, and registered land where the limitation period expired before 13 October 2003, 12 years' adverse possession will bar the original owner's title under the Limitation Act 1980.

However, if the land is registered and 12 years' adverse possession had not been completed by 13 October 2003, the new law under the Land Registration Act 2002 applies. After 10 years' adverse possession, the adverse possessor may apply to be registered as the proprietor of the land. The Land Registrar will write to the registered proprietor and others interested in the land (such as mortgagees) to inform them of the application. Those notified have 65 working days to reply objecting to the application. If no objection is received, the adverse possessor will be registered as proprietor in place of the original landowner. If an objection is received, the original proprietor has two years to eject the adverse possessor; otherwise he can make a further application to be registered. In a few exceptional cases, the adverse possessor may be registered as proprietor despite the original landowner's objections (e.g. in cases where the real boundary between two pieces of adjoining land has been in situ for 10 years, but the filed plan shows a different boundary).

The old law on adverse possession as it applied to registered land was found to be in breach of Article 1 of Protocol No. 1 to the European Convention on Human Rights in the case of J A Pye (Oxford) Ltd v UK (App no 44302/02) ECHR 15 November 2005. It is therefore likely that the operation of the law in this area will be changed in the near future.




How to cite this entry:
"adverse possession" Oxford Dictionary of Law. Ed. Elizabeth A. Martin and Jonathan Law. Oxford University Press, 2006. Oxford Reference Online. Oxford University Press. Huddersfield University. 2 July 2007

i dodatkowo amerykańskie:

adverse possesion - the acquisition of title to property through possesssion for a certain persiod of time set in state law, without knowledge by the owner. Adverse possession is a statute of limitation that prevents a legal owner from claiming title to the land when the owner has done nothing to evict an adverse occupant durng the statutory period (Lisa Holton, The Essential Dictionary of Real Estate, N.Y. 2004)