New Perspectives on Acquisitive Prescription

Landownership is a cornerstone of our economic and social system, as it enables people to lead self-fulfilling lives by allowing them to participate in human activities. It also provides the necessary security for long-term investment and economic development. These purposes are undermined when non-owners acquire the ownership of land against the owner’s wishes. Yet, both acquisitive prescription and adverse possession deprive owners of their property against their will.

This book offers fresh perspectives on existing debates about whether these legal institutions still serve legitimate goals in contemporary society. To the extent that they still have a societal function, the contributors to this book inquire whether the requirements for an acquisition by a non-owner should be changed. They pay particular attention to the role of land registration systems in the context of these legal institutions and shed light on whether there should be alternative remedies available, such as compensation for the loss of land.

The book will be of use to academic lawyers, property theorists, legal practitioners, and land use planners.

New Perspectives on Acquisitive Prescription (Dr Björn Hoops & Dr Ernst J. Marais); Part I The Legal Requirements for Acquisitive Prescription; Part II The Societal Functions of Acquisitive Prescription and Adverse Possession; Part III The Role of Land Registration Systems; Part IV Alternative Remedies