LEGAL PROBLEMS CONCERNING DEPRIVATION OF POSSESSION AND ADVERSE POSSESSION

Abstract

The objectives of this research article are To study the concepts and theories concerning deprivation of possession and adverse possession To study the criterions of deprivation of possession and adverse possession, namely To analyze problems concerning deprivation of possession and adverse possession and To suggest ways to amend the provisions of the Civil and Commercial Code and other laws pertaining to deprivation of possession and adverse possession. This research article was conducted by utilizing qualitative research method and by documentary research, which has researched and gathered information from books, textbooks, documents, research reports, supreme court’s judgement, electronic media’s information and the Internet. The findings revealed that Possession is a real right. Acquired according to the facts which has the Reward to Labour theories to reward those who persevere with ownership and The Theory of Punishment to punish those who abandoned their property. Deprivation of possession and adverse possession, even if unlawful would still be protected by law. In case of deprivation of possession has problems which is the prescribe time for the action for recovery of possession within 1 year is too short causing the land’s owner to easily lose their land and the deprivation of lands which has a certificate of utilization should procure the right to register as an owner of said lands so that there won’t be dispute going forward. In case of adverse possession has problems which is possession even in bad faith, would still be protected by law Therefore, it should be amended to protect only those who are in good faith and the required adverse possession period should be extended further. Adverse possession which acquired unlawfully shouldn’t be protected by law and should be abolish.