Affidavit of Possession by Tenant to Prevent Adverse Possession
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FAQ
Other defenses to a claim of adverse possession may include: The person using the property was granted permission by the owner. The use to which the property has been put is not sufficient to claim an open and notorious act of ownership.
In order to claim adverse possession, there are basic tests you have to meet. You have to prove that your use was open, notorious, hostile, actual, exclusive and continuous.Proving adverse possession is not easy, and you have to go to court to get a judge to rule.
Possession under lease or license agreement is generally not considered as adverse possession, and tenant cannot claim an ownership right over the property.Thus, it does not fulfill the elements of adverse possession. As long as the owner has consented the stay of the tenant, it cannot claim adverse possession.
A person who realizes trespassing or illegal dispossession can file a written complaint with the police against it. A written complaint can be sent to the Superintendent of Police (S.P) of the district where the property is situated by way of registered post or by visiting the concerned police station.
Post "no trespassing" signs and block entrances with gates. Give written permission to someone to use your land, and get their written acknowledgement. Offer to rent the property to the trespasser. Call the police. Hire a lawyer.
Open and Notorious. The person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious. Exclusive. Hostile. Statutory Period. Continuous and Uninterrupted.
Have been in factual possession of the land for the requisite limitation period (see below); have the necessary intention to possess and; been in possession without the paper title owner's consent (and been so for the requisite limitation period)