Prescription Law

1. Citation. This Law may be cited as the Prescription Law.

2. Definition. In this Law, "?property"? includes a right of occupancy, a freehold estate and any interest therein in the form of a lease, a sublease or a sub-under-lease.

3. Claim to rights of way and other easements. A claim to any way or other easement or to any watercourse, or claim to tights of use of any water, to be enjoyed or derived upon, over, or from any land or water on the property of any person shall be deemed absolute and indefeasible if it has been so enjoyed for a full period of forty years without interruption, unless it is proved that the same was taken and enjoyed by some consent or agreement expressly made or given for that purpose by deed or other writing.

4. Claim to profits a prendre. (1) A claim to any profit, right or benefit to be taken and enjoyed from or upon any land, the property of any person, except rent and such other matters and things hereinbefore specifically provided for shall be deemed absolute and indefeasible if it has been actually taken or enjoyed for a continuous period of sixty years without interruption, unless it is proved that it was taken or enjoyed by some consent or agreement given or made for the that purpose by deed or other writing. (2) Nothing in section 1 or in this section shall be construed to permit a person to acquire any easement, profit or other right where the enjoyment upon which his claim thereto is based is, or has during any part of the period aforesaid been, done in secret, by force or in spite of a protest by any person having a legal interest in or over the land, water or watercourse concerned.

5. Rights to the use of light. Where the access and use of light to and for any dwelling house, workshop or other building shall have been actually enjoyed therewith without interruption for a period of twenty years next before any suit or action wherein a claim to such enjoyment is made or called in question, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, 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.

6. Nature of interruption. No act or other matter shall be deemed to be an interruption within the meaning of the preceding sections of this Law unless the same shall have been submitted to or acquiesced in for at least one year after the party interrupted shall have had notice thereof and of the person making or authorising the same to be made.

7. No presumption in certain cases. In the several cases provided for by this Law, no presumption shall be allowed or made in favour or 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 that mentioned in this Law as may be applicable to the case and to the nature of the claim.

8. Provision as to incapacity. The time during which any person otherwise capable of resisting any claim to any of the matters before mentioned, shall have been or shall be an infant of unsound mind or a 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 of the period hereinbefore mentioned, except only in cases when the right or claim is hereby declared to be absolute and indefeasible.

9. No prescription except under this Law. No claim to any easement or profit by prescription shall after the commencement of this Law be made except under the Law.

10. Application. Nothing in this Law shall be construed- (a) to authorise the acquisition of easements, profits or any other rights over or in respect of any land subject to Customary Law or Islamic Law, or to relate to any claims in respect of easements or rights over such land, or any land subject to Customary law or Islamic law, or to relate to any claims in respect of easements or rights over such land; or (b) to allow an easement, profit, benefit or other right to be acquired over one property and in favour of any other property where the freehold estates in respect of both properties belong to the same person, except in the case of a right to light.