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Section 5: Notice of objection

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.

5. Notice of objection (1) Any person who claims to be the owner or part owner of, or to have an interest in, the whole or part of the immovable property in respect of which a deed of prescription has been drawn up may, within 3 months from the date of display of the notice under section 4 (1) (a), object to the transcription of the deed of prescription by serving a notice of objection on the notary and on the occupier, by setting out the grounds of his objection. (2) The notary shall forthwith record, in a register to be kept by him, the particulars of any objection received by him under this section, including the date of service of the notice of objection. (3) The notary shall inform the occupier of the objection under subsection (1) and shall not cause the deed of prescription to be transcribed until the objection is withdrawn or disposed of against the occupier who has claimed ownership by way of acquisitive prescription.

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