Nature of Adverse Possession Claim

Many people perceive that adverse possession claim is merely a registration procedure for the Land Registry (commonly known as “填土廳”).

Also, there are many people think that in terms of private land, as long as the land has been occupied over 12 years, the occupier can simply apply for adverse possession and obtain the ownership of the land according to the procedure, which means, the land will be transferred to the occupier’s name.

Adverse possession is a formal lawsuit, it does not merely register the land in your own name.

After the admission of claim, the applicant will become the plaintiff.

Whereas the current registered owner of the land will become the defendant in the case.

The current registered owner must be informed of the adverse possession claim. You must send or deliver the relevant application documents (commonly known as “狀紙”) to him.

The content must not be fraudulent. The current registered owner can object the claim by defending himself to the application

However, in many cases, provided that after the admission of the claim and the delivery of the statement of claim, if there is no response, summary judgment can be obtained without any dispute. Without filing documents and evidence, summary judgment can be obtained in three to four months.

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Benny Kong & Tsai, Solicitors

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