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Section 3: Request to notary to draw up deed of prescription

Acquisitive Prescription Act

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

3. Request to notary to draw up deed of prescription The occupier of an immovable property who wishes to claim ownership of the immovable property by way of acquisitive prescription shall request a notary to draw up a deed of prescription on the submission of the following information and documents— (a) an affidavit, sworn by the occupier— (i) specifying the number of years during which he has occupied the immovable property; and (ii) that he agrees with the contents of the affidavits of the 2 witnesses referred to in paragraph (e); (b) a memorandum of survey drawn up, in accordance with the Cadastral Survey Act, by a land surveyor, setting out the location, description and exact boundaries of the immovable property; (c) an affidavit of the land surveyor referred to in paragraph (b) regarding the contents of the memorandum of survey; (d) the PIN in respect of the immovable property; (e) 2 affidavits of 2 witnesses who are not less than 48 years of age and reside or occupy, or who have resided or occupied, a plot of land in the vicinity of the immovable property, confirming that the occupier has occupied the immovable property for at least 30 years; (f) the occupier’s recent passport size photograph and National Identity Card; (g) the recent passport size photograph and National Identity Card of each of the witnesses referred to in paragraph (e); and (h) a utility bill, in the name of each of the witnesses referred to in paragraph (e), issued not more than 2 months before the date on which the request is made to the notary under this section, as proof of address.

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