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