Adverse Possession: Moral And The Economic Perspectives (Essay Sample)
Adverse possession provides a trespasser with the ability to gain title to land without payment to the previous owner. The trespasser must have possession of the land and the possession must be:1) hostile, 2) actual, 3) exclusive, 4) open and notorious; and 5) continuous. Missouri law requires a continuous time period of adverse possession of at least ten years.
Do you think adverse possession should be recognized as a valid avenue for obtaining title to land?
Discuss your reasoning for your position.
Your post should include an answer to the question and a paragraph or two on the reasoning behind your answer.
Adverse possession should be recognized as a valid way for obtaining a land title. The doctrine of adverse possession can be looked into from two points of views. That is the moral perspective and the economic perspective. In my opinion when both the moral and economic points of views are examined, then, adverse possession should be an avenue for getting the title to the land in question. With adverse possession, the doctrine can turn a trespasser into an owner of the land in question, an individual who would otherwise be considered a criminal trespasser.
From the economic viewpoint, it is in the interest of the public to encourage the full use and exploitation of all abandoned natural resources. Besides, a time limit should be set to promote development and or improvement of lands which would otherwise be underutilized or lie abandoned for several years. The criminal trespassers help us put the land to use and promote the full exploitation of these unused lands. It is therefore only fair to reward them by making adverse possession a way of obtaining actual legal ownership. Apart from the system being like a reward to them, it puts legal land owners on toes to put to use every land within their ownership.
Morally, the doctrine rewards the individuals who have put the abandoned lands into use, w...
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