The easiest way to take control and restore possession of your property under the law is going to the court and seeking justice. Civil court remedies are easily available where personal appearances required in the court can be maintained through competent and chosen agents/ lawyers.
How long does it take to prove adverse possession?
Whilst the person in possession only needs to show 10 years adverse possession, on making an application to be registered as proprietor, the registered proprietor will be notified and given the opportunity to oppose the application. The process is therefore weighted in favour of the landowner.
How do I protect my property from illegal possession?
Firstly, you should file a written complaint with the city’s superintendent of police (SP), where the property is located. In case the SP fails to acknowledge the complaint, a personal complaint in the court concerned can be filed. You could also file a police complaint about the same.
How do you recover from possession?
Through the provisions of section 5 and 6, a person entitled to the possession of immovable property or having a special right to the possession may recover it through the due process of law. Similarly, section 7 and 8 empowers the person to recover possession of the movable property.
How does a landlord regain possession of a property?
Even if the term of the tenancy has come to an end, if the tenant does not vacate the premises the landlord has to apply for a Court Order to regain possession. Where the tenant still fails to vacate the landlord has to apply for the Court bailiff to evict the tenant. Section 8 and 21 notices are forms of Notice to Quit.
How to recover possession from an assured tenant?
To regain possession from an assured tenant you have to serve notice (called a section 8 notice) and prove that either a mandatory or discretionary ground for possession are made out. Where the ground is discretionary you also have to show it is reasonable to make an Order.
What happens when a court order possession of a property?
Where possession is ordered the landlord also has to pay the tenant’s moving costs. The tenant is behind with their rent, both when the landlord serves notice seeking possession and when court proceedings begin. The tenant is persistently late in paying the rent.
When to seek possession of a shorthold property?
With an assured shorthold tenancy you can either seek possession as if it were an assured tenancy or serve at least 2 months clear notice (called a section 21 notice) that cannot expire within the initial fixed term of the tenancy, advising the tenant you wish to recover possession of the property.
