Types of Land Possession: A Buyers Guide

Read Time:-3 Min

When acquiring land, understanding the nuances of possession is crucial. Here, Genuine Plots will break down the types of possession every buyer should know in simple terms.

  1. Authorized Possession:

Obtained through ownership, grant, license, or lease.

Legitimate and sanctioned by relevant authorities.

  1. Unauthorized Possession:

Gained through encroachment or trespass.

Not sanctioned by authorities, potentially illegal.

  1. Wrongful Possession:

Conversion Without Approval:

Changing land use mandates permission under section 42 of the MLR Code 1966.

Possession becomes wrongful if the possessor alters land use without proper authorization.

Expired Lease or Tenancy:

Wrongful possession occurs if someone holds land after the lease or tenancy period expires.

This includes situations post-termination or breach of specified conditions.

State Government Lands:

If an individual occupies land vested in the State Government without authorization, it's deemed wrongful possession.

The Collector holds the right to evict such occupants, especially in areas reserved for government use, like grazing lands.

  1. Adverse Possession:

Title Acquisition Through Time:

Ownership title can be acquired by extended possession, even if gained through unconventional means.

Once adverse possession is proven, the original owner forfeits rights to the property.

More Than Physical Possession:

Mere physical possession isn't sufficient for acquiring title.

Regular registration in the possessor's name via Village Form VII-B during crop inspections is a requisite.

Legal Safeguards and Limitations:

Adverse possession is protected by a statute of limitations.

If the possessor maintains control for over twelve years, the true owner loses the right to challenge adverse possession.

Changing Land Dynamics:

Migration of landowners to developed areas left their lands exposed.

Local residents, cultivating abandoned lands with peaceful and continuous possession, gained legal ground through the "village form."

Legal vs. Illegal Possession:

Legal possession, backed by proper documentation, is safeguarded by law.

In contrast, illegal possession faces discouragement by legal provisions, outlined in the MLR Code, 1966, Section 59.

Collector's Authority:

Under Section 59, the Collector holds the power to summarily evict any person wrongfully occupying land due to legal constraints or conditions annexed to the tenure.

Key Points for Buyers:

Legal Protection: Legal possession is safeguarded by law, offering security to rightful owners.

Illegal Risks: Unauthorized possession is discouraged by law and may lead to eviction.

Wrongful Actions: Changing land use without permission or violating lease terms can lead to wrongful possession.

Adverse Possession: After 12 years of continuous possession, the possessor may acquire title rights.

Implications for Land Buyers:

As a prospective buyer, understanding the possession status is vital. Legitimate ownership ensures legal protection, while unauthorized or wrongful possession may lead to legal complications. Adverse possession, if unaddressed, can impact the rightful owner's claims over time.

Protective Measures:

Buyers should conduct due diligence:

Verify ownership and possession details.

Check for any unauthorized or wrongful possession issues.

Be cautious about land with a history of adverse possession.

Wrap Up 

Legal possession is your shield, while unauthorized or wrongful possession poses risks. It's crucial to navigate the complexities of land possession to make informed decisions. Always consult legal experts or the Genuine Plots’ expertise and ensure proper documentation to safeguard your investment. Remember, knowledge is your strongest ally in the realm of real estate.



Join The Discussion

Related posts
The Role of Water Bodies and Roads in Vastu Shastra for Plots

Vastu Shastra, which is the ancient Indian architecture science, focuses on the role of natural elements and their positioning in controlling the energy flow in a space. Among them, water bodies and roads are significant as they have the power to determine the prosperity, health, and harmony of a plot

Continue Reading
Negotiation Strategies: How to Get the Best Deal on Your Plot

The purchase of a plot of land is considered an investment of great proportions, and therefore, negotiating the correct price can save a lot of money. Whether you are buying for personal or to serve as an investment, a well-thought strategy will ensure you get the best deal.

Continue Reading
Vastu Tips to Choose the Perfect Plot for Your Dream Home

Selecting the right plot of land is crucial for building a harmonious and prosperous home. Vastu Shastra offers guidelines to help choose plots that attract positive energy and well-being.

Continue Reading
WhatsApp Icon
WhatsApp
enquiry Icon
Enquiry Now
subscribe Icon
Subscribe Now