Explain Adverse Possession

Eminent domain in definition is “the right or power of public purposes without the owner’s consent

Adverse possession is a much flexible proprietary right where there is no need to register but will bind the subsequent purchasers anyhow provided requirements are satisfied. Squatter is the person who holds adverse possession towards the land where he is in possession.

Anywhere in the world, someone acquires something, whether it be money, a car, or even an idea. We can “own” many intangible and tangible items in life, but how does ownership relate to a sense and development of self? This question has been constantly answered for centuries through intelligent people like Plato, Aristotle, and Jean-Paul Sartre. However, the question has received no agreeable answer. In the end, people will agree that there is a strong and positive relationship between ownership and a sense of self because the things you own will define and develop who you are positively by exhibiting what you like, what you can and cannot do, and in the end, characterizes you, as long as you use the things you own properly.

“Any dealing with the whole of the property requires the involvement of all the co-owners. We have seen that there is a general principle that it is impossible to give a greater right than you have yourself … nemo dat quod non habet” .

Property: The right to claim and hold property; When it has been laboured for, one encloses it for greater individual profit the profit of the community of Man, it has been laboured for – Natural means of ownership one encloses it – The process of holding legal “deed” for greater individual profit – to build investment equity and avoid poverty of waste the profit of the community of Man – Moral commitment to Human Development (Locke: 1689).

The taking of land refers “to government seizure, regulation, or intrusion on private property for which the owner is entitled to compensations under the Fifth Amendment to the U.S. Constitution” (Halbert, Terry, Inguilli, & Elaine, 2012). There is also regulatory takings, which is the “newly enforceable restrictions on the use of ones property, such as a newly adopted restrictions on building in certain areas of wetlands.” (Halbert, Terry, Inguilli, & Elaine, 2012). All over the world governments take private land from its owners to benefit the public. In the United States it is called emanated domain, and has been a controversial issue till this day. By evaluating the case of Lucas V South Carolina Coastal Council of 1992 and evaluating the two types of regulatory action that automatically trigger compensation as takings; the dissent object to the takings approach laid out by the majority in this case; cities ability to take private property and transfer it to private developers for the sake of economic revitalization; the ethical issues surrounding the principle of using eminent domain to take away the property ownership rights of individuals; and the feeling I would have if the government was to take my land.

property, without due process of law; nor deny to any person within its jurisdiction the

The judge considered vacant possession includes the right to actual unimpeded physical enjoyment. Not any physical impediment will amount to breach the vacant possession, but it must be an impediment which substantially prevents or interferes with the enjoyment of the right of possession of a substantial part of the property.

For the Native Americans’, claiming the land had a different meaning. They felt a more spiritual connection to the land. They believed in a concept called “personhood”. This was an idea that gave inanimate objects a sense of a personality. “Because objects has a personhood, they also had the right to own themselves” (Albers). For this reason, the

Adverse possession is granted once the original owner fails to file suit to recover the residence “within the period designated by the statute of limitations” (2 CSJ Adverse Possession S1) within that specific jurisdiction. To claim adverse possession the claiming party must be able to legally obtain the title. TO legally obtain the title the claiming party must prove 1) the land is held adversely 2) the possession of the land was actual 3) the possession had been “open and notorious” (2 CSJ Adverse Possession S26) 4) the possession has been exclusive to the claiming party 5) the possession was uninterrupted and continuous and 6) the possession has been “under the claim of title or color of title” (2 CSJ Adverse Possession S26). Adverse possession can also occur between cotenants and the elements are similar (having to prove intent, actual possession and the other party’s knowledge of the possession) and can be formed out of a claim of possession over a shared

“Lay back against the cushions and endeavoured rapidly to evolve some mean to putting an end the dual ownership” (Munro, 1).

Assessment of the Statement that Property is a Power Relationship Between People Property is the right to possess, enjoy or use a determinant thing, and includes the right of excluding others from doing the same. The concept of ownership or property has no single or widely accepted definition. Like any other concept it has great weight in public discourse and the popular usage varies broadly. Property is frequently conceived as a 'bundle of rights and obligations.' Property is stressed as not a relationship between people and things, but a relationship between people with regard to things.

Private property is a piece of land, a home, or a car owned by one person or

The word "possess" has different meanings throughout this section. In the beginning of the line "Possessing what we still were unpossessed by," the word "possessed" refers to the way the colonists lived on, worked on, and owned the New World land. But in the second half of the line, one learns that the colonists were "unpossessed" by the land. In this context "unpossessed" means that the colonists were not consumed or overcome by a sense of responsibility to the land. In other words, it means that the colonists owned the land, but they did not have an overcoming feeling of responsibility towards it as an independent nation; they "were England's, still." In the line "Possessed by what we now no more possess," the first term possessed

A lease involves a grant of the right of exclusive possession for a certain period of time as per Radaich v Smith where it was held that whether the transaction creates a lease or licence depends on the intention of the parties regarding what relationship the lessee shall have to the land. It does not matter whether the terms ‘licensee’ or ‘tenant’ are used, as it is a matter of substance rather than form. In the present case, there is an agreement that states the duration of the tenancy as being one year and the rent as $1000 per month. Thus certainty of duration is clearly stated. It is therefore a matter of whether the right of exclusive possession has been granted. Here the tenant is entitled to uninterrupted possession for the full