Prescription Act (Cap. 7:02)

PRESCRIPTION ACT CHAPTER 7:02 Act L.I. 6 of 1882 Current Authorised Pages Pages Authorised (inclusive) by L.RD. 1-6 111991 L.RD.1/1991 2 Chap.7:02 Prescription Note on Subsidiary Legislation This Chapter contains no Subsidiary Legislation SECTION Prescription CHAPTER 7:02 PRESCRIPTION ACT ARRANGEMENT OF SECTIONS Chap. 7:02 3 1. Short title. 2. Claims to right of common and other profits a prendre. 3. Claims of right of way, or other easement, or water. 4. Claims to light. 5. The periods to be periods before action. Interruption. 6. Pleading. 7. Presumption not to be allowed in claims. 8. Proviso for infants and others under disability. 9. What time to be excluded in computing the term of forty years appointed by this Act. L.n.u.111771 4 Chap.7:02 Prescription CHAPTER 7:02 PRESCRIPTION ACT 1961 Ed. Cap. 14. L.I.6 of 1882. Commencement. Short title. Claims to right of common and other profits a prendre. Claims of right of way, or other easement, or water. AN ACT relating to claims to rights in land. [21st September 1882] 1. This Act may be cited as the PRESCRIPTION ACT. 2. No claim which may be lawfully made at common law, by custom, prescription or grant, to any right of common or other profit or benefit to be taken and enjoyed from or upon any land belonging to the State or of any ecclesiastical or lay person or body corporate, except such matters and things as are herein specially provided for, and except rent and services, shall, where such right, profit or benefit has been actually taken and enjoyed by any person claiming right thereto, without interruption, for the full period of thirty years, be defeated or destroyed by showing only that such right, profit or benefit was first taken or enjoyed at any time prior to such period of thirty years; but, nevertheless, such claim may be defeated in any other way by which the same is now liable to be defeated; and, when such right, profit or benefit has been so taken and enjoyed as aforesaid for the full period of sixty years, the right thereto shall be deemed absolute and indefeasible, unless it appears that the same was taken and enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing. 3. No claim which may be lawfully made at common law, by custom, prescription or grant, to any way or other easement, or to any watercourse, or the use ofany water, to be enjoyed or derived upon, over or from any land or water belonging to the State or being the property of any ecclesiastical or lay person or oocy corporate, when such way, or other matter as herein last hcfor(~ rneni1nrit~d: has npr:n ;'H:rii;.t1iv ~HjUj~U Uj auy person ciaurnng ngm men~IO,wrtnout interrupuon, lor the full period of t\venty years, shall be defeated or destroyed oy showing only that such way, or other matter, was first enjoyed at any time prior to such period of twenty years; but, nevertheless, such claim Prescription Chap. 7:02 5 defeated; atld, \:;here such \vay, or other matter as herein last before mentioned, has been so enjoyed as aforesaid for the full period of forty years, the right thereto shall be deemed absolute and indefeasible, unless it appears that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing. 4. When the access and use oflight, to and for any dwelling-house, Claim to light. workshop, or other building, has been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it appears that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing. 5. Each ofthe respective periods of years hereinbefore mentioned The periods to be . shall be deemed and taken to be the period next before some suit or ~~~~:,sbefore action, wherein the claim, or matter, to which such period may relate has been, or shall be, brought into question; and no act, or other matter, Interruption. shall be deemed to be an interruption, within the meaning of this Act, unless the same has been, or shall be, submitted to, or acquiesced in, for one year after the party interrupted has had, or shall have, notice thereof, and of the person making or authorising the same to be made. 6. In all actions upon the case and other pleadings, wherein the Pleading. party claiming may not by law allege his right generally, without averring the existence of such right from time immemorial, such general allegation shall still be deemed sufficient; and all and every the matters mentioned and provided in this Act which shall be applicable to the case, shall be admissible in evidence to sustain or rebut such allegation, and in all pleadings to actions of trespass, and in all other pleadings wherein, before the passing of this Act, it would have been necessary to allege the right to have existed from time immemorial, it shall be sufficient to allege the enjoyment thereof, as of right, by the occupiers of the tenement in respect whereof the same is claimed, for and during such of the periods mentioned in this Act as may be owner of the fee as is now usually done; and, if the other party intends to rely on any proviso, exception, incapacity, disability, contract, agreement or other matter hereinbefore mentioned, or on any cause or matter of fact or of law not inconsistent with the simple fact of ..... ~ .. -.- ..... ...i- ........ ,.. ""....... i"i i- ....... ........ ..:~ii . ~ii ...,i ...................- ......i.-.: L.R.O.1I1991 6 Chap.7:02 Prescription Presumption not to be allowed in claims. Proviso for infants, and others under disability. What time to be excluded in computing the term of forty years appointed by this Act. tn the allezation of rhe narrv claimino and ~h;:t1i not hP. rp(~p ivpd in --- -- --- - ;:...; ~ - - - - - - - - - evidence on any general traverse or denial of such allegation. 7. In the several cases mentioned in, and provided for, by this Act, no presumption shall be allowed or made in favour of support of any claim, upon proof of the exercise or enjoyment of the right or matter claimed for any less period of time or number of years than for such period or number mentioned in this Act as may be applicable to the case and to the nature of the claim. 8. The time during which any person, otherwise capable of resist ing any claim to any of the matters before mentioned, shall have been or shall be an infant, idiot, noncompos mentis,feme covertor tenant for life, or during which any action or suit shall have been pending and which shall have been diligently prosecuted until abated by the death of any party or parties thereto, shall be excluded in the computation ofthe periods hereinbefore mentioned, except only in the cases where the right or claim is hereby declared to be absolute and indefeasible. 9. When any land or water, upon, overor from which any such way or other covenient watercourse of use of water shall have been or shall be enjoyed or derived, has been or shall be held under or by virtue ofany term oflife or any term ofyears exceeding three years from the granting thereof, the time of the enjoyment of any such way, or other matter as herein last before mentioned, during the continuance ofsuch term, shall be excluded in the computation of the said period offorty years, in case the claim shall, within three years next after the end or sooner determi nation of such term, be resisted by any person entitled to any reversion expectant on the determination thereof.