EFFECT OF ADVERSE POSSESSION OF REGISTERED LAND

Abstract

The operation of the doctrine of adverse possession particularly to registered land has been variously interrogatedespecially in its capability of defeating the notion of indefeasibility of title which is a fundamental characteristicof land registration, conflict with property right, unfairness and unjustness of it, and in terms of economicproblems associated with it. The problems have sparked up waves of reform of the doctrine across jurisdictionsand works by various scholars tailored towards eliminating or at least reducing the effects of the operation of thedoctrine to registered land. This work, using the doctrinal methodology advances the arguments on effects ofadverse possession of registered land and finds that adverse possession of registered land is unjust and unfair toregistered land owners, incompatible with the concept of indefeasibility of title and conflicts with the concept ofproperty right. The work recommends the application of restitution principle founded on unjust enrichment to theoperation of adverse possession as a workable solution to deal with the negative effects of adverse possession ofregistered land in order to adequately protect the interest of registered land owners.