Adverse Possession Laws: A Comparison Between Taxation Law and Property Law

Abstract

This paper explores the intricate relationship between taxation and adverse possession, focusing on the implications for government revenue. Adverse possession allows individuals to claim legal title to property after continuous, open, and hostile occupation for a statutory period, while taxation ensures that property owners contribute to government finances through property taxes. The interaction of these legal frameworks presents challenges, particularly regarding unpaid taxes during the possession period and the responsibility of tax compliance. The potential for tax arrears, tax liens, and property sales to recover lost revenue are critical issues for governments seeking to maintain revenue stability. Additionally, the ambiguity surrounding taxpayer responsibility during adverse possession can lead to gaps in tax collection. This paper analyzes these challenges and highlights potential solutions, including legislative reforms requiring tax payments by adverse possessors and improved tax collection mechanisms to safeguard public revenue. By examining the overlap between adverse possession and taxation law, this paper aims to provide insights into preserving government revenue while addressing the complexities of land ownership transitions.