Title Versus Possession

Topics: Property, Property law, Ownership Pages: 29 (10024 words) Published: August 27, 2013
Title versus Possession
In the constantly changing society, the emergence of law has led to such a situation where the title of the property is coming in conflict with the possession. This modification in law is to protect the person in possession from being subjugated by the owner of the property (i.e., title holder) by providing certain rights as well as duties imposed on both the title holder as well as the person in possession. In my project, I will be concentrating on the changes that have taken place with times regarding the importance of title of a property and the possession of it in the jurisprudential sense. When does both these rights come in conflict to each other and which will prevail over the other in case of conflict supported with various decisions of the Court under different circumstances regarding the issue. Chapterisation:-

1. Introduction
2. History
3. Title
* Quiet title
* Chain of title
* Equitable versus legal title
4. Possession
* Adverse possession
* Effect of adverse possession
* Importance of possession
* Right of possession
* Possession of stolen goods
5. Conflict between title and possession
* Quiet title Vs Adverse possession
6. Similarities and Distinctions
7. Tenant and owner relationship
8. Conclusion

Title versus Possession
Jurisprudence project report

A.P. University of Law

Submitted by

Firstly, I would like to thank our Chancellor Prof. A.Lakshminath garu for providing me an opportunity to do a project on this topic and then I would like to thank our Vice-Chancellor Prof. R.G.B.Bhagavat Kumar garu for the valuable suggestions of him regarding how to approach law in a realistic way. I would also thank our Registrar Prof. A. Subrahmanyam garu for his extended lectures regarding how to do a project report and for guiding us in how a student should approach his studies and achieve knowledge for modulating themselves apart from the motive of earning money.

Now, I would like to thank our lecturer Satya Sri for her valuable suggestions in completing my project successfully.
Finally I would like to thank my parents who supported me a lot in completing my projects successfully. I would also thank my friends for their valuable suggestions. I would also thank all the others who either directly or indirectly helped me in completing my project as a successful event.

Table of contents
1. Introduction
2. History
3. Title
4. Quiet title
5. Chain of title
6. Equitable versus legal title
7. Possession
8. Adverse possession
9. Effect of adverse possession
10. Importance of possession
11. Right of possession
12. Possession of stolen goods
13. Conflict between title and possession
14. Quiet title Vs Adverse possession
15. Similarities and Distinctions
16. Tenant and owner relationship
17. Conclusion

Chapter I

In my project, I will be focusing on few important concepts related to the project such as title, possession etc. in brief and when both these concepts come in conflict with and in case of a conflict which prevails over the other and under what circumstances such situation arises.

First chapter deals with the introduction of the title and the relevancy of the topic. Second chapter deals with the history from where the concept of title and ownership has arised and how these concepts has the origin in the beginning and the gradual development of these concepts with the change in time.

Third chapter deals with title. It gives a brief idea on the concept “Title”, chain of title and how is it important in case of real property and in case of chain of trademarks, copyrights and right of publicity. It further deals with quiet title, grounds for quiet title and limitations on it. Fourth...

Bibliography: 9. PJ Fitzerland, Salmond on Jurisprudence, (New Delhi: Universal law publications, 2002)

2. Akumella Panchayat Board Vs Venkata Reddy
(1945) 2 MLJ 176
4. Hannah Vs Peel
(1945)2 All ER 288: (1945)1 KB 509
5. Bridges Vs Hawke worth
(1851) 21 LJQB 75
7. Merry Vs Green
(1841) 7 M and W 623
8. South Staffordshire Water Co. Vs Sharman
(1896)2 QB 44
[ 15 ]. PJ Fitzerland, Salmond on Jurisprudence, (New Delhi: Universal law publications, 2002)
[ 16 ]
[ 17 ]. (1851) 21 LJQB 75
[ 18 ]
[ 28 ]. (1896)2 QB 44
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