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What are the legal implications of adverse possession?

Introduction

Adverse possession is a legal doctrine that allows a person to acquire ownership of another person's land by openly, notoriously, and continuously possessing it for a certain period of time. This doctrine is recognized in Kenya under the Land Registration Act, 2012 and the Limitation of Actions Act, 202. This response will explore the legal implications of adverse possession in Kenya, examining the requirements for establishing adverse possession, the legal consequences of successful adverse possession, and the defenses available to the original owner.

Table of Contents

1. Requirements for Establishing Adverse Possession 1.1 Open, Notorious, and Continuous Possession 1.2 Exclusive Possession 1.3 Hostile Possession 1.4 Adverse Possession for the Statutory Period

2. Legal Consequences of Successful Adverse Possession 2.1 Acquisition of Title 2.2 Effect on Existing Rights

3. Defenses to Adverse Possession 3.1 Lack of Open, Notorious, or Continuous Possession 3.2 Lack of Exclusive Possession 3.3 Lack of Hostile Possession 3.4 Acknowledgment of the Original Owner's Title 3.5 Legal Disability of the Original Owner

4. Conclusion

1. Requirements for Establishing Adverse Possession

1.1 Open, Notorious, and Continuous Possession

The possession must be open, notorious, and continuous. This means that the possession must be visible and known to the public, and it must be uninterrupted for the statutory period. The possession must be such that the original owner would be aware of it.

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