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Discussion on Establishment Conditions of Adverse Possession in Different Regions
- 1 Taiyuan University of Technology (Mingxiang Campus)
* Author to whom correspondence should be addressed.
Abstract
As a common law legal concept, adverse possession plays an important role in maintaining transaction security, stabilizing economic order, saving transaction costs and reducing waste of resources, but its application is controversial because different regions, have different legal provisions and practices of adverse occupation. At the same time, as some jurisdictions face the balance between the protection of original owners’ rights and interests and the promotion of effective resource utilization,, the legal provisions regarding adverse possession are being abolished to meet the development needs of modern society. .These controversies have sparked the reflections and discussions presented in this article. This paper, through the research method of literature review, mainly studies different establishment conditions of adverse possession in different regions. Meanwhile, it explores the demand for social and economic development behind by the virtue of classic cases such as Van Valkenburgh v. Lutz. Evidently, the adverse possession involves legal, economic, social and other levels. Its research is not only helpful to understand the connotation and extension of the specific legal systems, but also has significant guiding implications for China's legal practice and legislative work.
Keywords
adverse possession, Establishment conditions, typical case, common law
[1]. Adverse Possession Laws in 203 Jurisdictions: Proposals for Reform, Yun-chien Chang.
[2]. Wang Changpei, Wang Jingyu: "An Analysis of the Occupation Movement in the UK during the 1960s and 1970s, " Journal of Ludong University (Philosophy and Social Sciences Edition), 2019, No. 1, page 17. Reverse possession, acquisition by prescription, the movement to occupy vacant houses, and the obligations of active exercise of ownership.
[3]. See Deanna Dadusc, The Micropolitics of Criminalisation: Power, Resistance and the Amsterdam Squatting Movement, Thesis for Doctor Degree of University of Kent of 2017, p.23.
[4]. "Adverse possession is perhaps the most significant possessory concept in the law of the land."CHARLES DONAHUE, JR. ET AL., CASES AND MATERIALS ON PROPERTY 63 (3d ed. 1993).
[5]. The Sun. (2006) Grandma wins Henderson Land worth 36 million. https://the-sun.on.cc/channels/news/20060106/20060106025641_0000.html
[6]. Oriental Daily. (2006) Xiangzhuoji privately built luxury house on government land. https://orientaldaily.on.cc/archive/20060807/new/new_a00cnt.html
Cite this article
Ma,R. (2025). Discussion on Establishment Conditions of Adverse Possession in Different Regions. Advances in Economics, Management and Political Sciences,158,1-6.
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