PRESCRIPTION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Effect of twenty years' enjoyment of easements, ways, etc, over lands

   3   Effect of twenty years' access and use of light or air

   4   Effect of twenty years' user by the public or any class of the public of a beach and of means of access thereto

   5   Computation of time

   6   No presumptions to be drawn from use for a less period

   7   Provisions in cases of persons under disabilities

   8   Provisions in cases of tenancies for life, or for any term exceeding three years

   9   Procedure for establishing right under section 4

   10   Production of documents of title and procedure thereafter

 

THE PRESCRIPTION ACT

[Date of Commencement: 25th February, 1882]

Cap 304.

Law 65 of 1955.

Act 42 of 1969.

1   Short title

   This Act may be cited as the Prescription Act.

2   Effect of twenty years' enjoyment of easements, ways, etc, over lands

   When any profit or benefit, or any way or easement, or any watercourse, or the use of any water, a claim to which may be lawfully made at the common law, by custom, prescription or grant, shall have been actually enjoyed or derived upon, over or from any land or water of Her Majesty the Queen, or of any person, or of any body corporate, by any person claiming right thereto, without interruption for the full period of twenty years, the right thereto shall, subject to the provisos hereinafter contained be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.

3   Effect of twenty years' access and use of light or air

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