Section 166: Proof of occupation of immovable property
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
166. Proof of occupation of immovable property
(1) (a) In any claim to rent or indemnity for the occupation of immovable
property, oral evidence shall, when a lease is denied and is not completely
established by writing, be admissible to prove or disprove the occupation and
the amount or payment of the indemnity, and the party suing shall be entitled to the indemnity although it may result from the oral evidence given that
the occupation existed under a lease.
(b) Such a claim for indemnity shall be barred by one year’s
prescription.
(2) Nothing in this section shall alter any law by virtue of which the possessor of immovable property is entitled to retain the fruits of the property
and to make them his own.
Ask juris about this section Official source
Questions this section answers
- Can I use oral evidence to prove I occupied a property under a lease if there is no written lease?
- How long do I have to claim indemnity for occupation of a property under this section?