Adverse Possession Research Paper

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Recommended: adverse-possession and third party rights

Adverse possession occurs when a person gains title to a property after spending a required amount of time on that property.

To ensure that a person can successfully claim title to a property against the actual owner, and at the same time extinguish their title the person taking possession of the property must gain uninterrupted possession of a property for 12 years or longer in New South Wales.

In New South Wales for a claim of adverse possession to take place the courts state that there are two fundamental elements that are mandatory in order for the person to have a legitimate claim. The person must show factual possession and must show intention to possess. For one to demonstrate factual possession this can be displayed by the person

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