Prescription Law (1997 Revision) THE PRESCRIPTION LAW (CAP. 131)

Prescription Law (1997 Revision) Supplement No. 6 published with Gazette No. 26 of 22nd December, 1997. THE PRESCRIPTION LAW (CAP. 131) (1997 Revision) Revised under the authority of the Law Revision Law (19 of 1975). Originally enacted- Cap. 131-1st January, 1964. Revised this 9th day of December, 1997. Prescription Law (1997 Revision) 2 Prescription Law (1997 Revision) PRESCRIPTION LAW (1997 Revision) ARRANGEMENT OF SECTIONS 1. Short title 2. Effect of twenty years enjoyment of easements, ways, etc., over lands 3. Effect of twenty years access and use of light or air 4. Effect of twenty years use by the public or any class of the public of a beach and of means of access thereto 5. Computation of time 6. No presumptions to be drawn from use for a less period 7. Provisions in cases of persons under disabilities 8. Provisions in case of tenancies for life, or for any term exceeding three years 9. Procedure for establishing right under section 4 10. Production of documents of title and procedure thereafter 3 Prescription Law (1997 Revision) 4 Prescription Law (1997 Revision) PRESCRIPTION LAW (1997 Revision) 1. This Law may be cited as the Prescription Law (1997 Revision). Short title 2. When- Effect of twenty years (a) any profit or benefit; enjoyment of easements, ways, etc., over lands (b) any way or easement; (c) any water course; or (d) the use of any water, a claim to which may be lawfully made at the common law, by custom, prescription or grant, has been actually enjoyed or derived upon, over or from any land or water of Her Majesty the Queen, any person or any body corporate by any person claiming right thereto, without interruption for twenty years, the right thereto shall, subject to the provisos hereinafter contained be deemed absolute and indefeasible, unless it appears that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing. 3. When the access and use of light or air to and for any dwelling house, Effect of twenty years workshop or other building, has been actually enjoyed therewith for twenty years access and use of light without interruption, the right thereto shall, subject to the proviso hereinafter or air contained, be deemed absolute and indefeasible, unless it appears that the same was enjoyed by some consent or agreement expressly made or given for that purpose in writing. 4. (1) When any beach has been used by the public or any class of the public Effect of twenty years for fishing, for purposes incident to fishing or for bathing or recreation, and any use by the public or any road, track or pathway passing over any land adjoining or adjacent to such beach class of the public of a has been used by the public or any class of the public as a means of access to beach and of means of access thereto such beach, without interruption for twenty years, the public shall, subject to the provisos hereinafter contained, have the absolute and indefeasible right to use such beach, land, road, track or pathway, unless it appears that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing. (2) No act or other matter, whether submitted to or acquiesced in or not, shall be deemed to be an interruption within the meaning of subsection (1) if the same took place between the 8th February, 1954 and the 30th December, 1955. 5 Prescription Law (1997 Revision) 5. The twenty year period mentioned in sections 2 to 4 shall be deemed to be Computation of time the period before some action or suit wherein the claim or matter to which such period may relate shall have been, or shall be brought in question; and no act or other matter shall be deemed to be an interruption within the meaning of this Law unless the same shall have been, or shall be, submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof and of the person making or authorising the same. 6. In the cases provided for by this Law no presumption shall be allowed or No presumptions to be made in favour or support of any claim upon proof of the exercise or enjoyment drawn from use for a less period of the right or matter claimed for any less period of time, than for such period mentioned in this Law as may be applicable to the case and to the nature of the claim. 7. The time during which any person, otherwise capable of resisting any claim Provisions in cases of persons under to any of the matters mentioned in sections 2 to 4 has been or shall be an infant, disabilities idiot or non compos mentis, shall be excluded in the computation of the periods mentioned, so that however in no case shall a claim to any of such matters be liable to be defeated, by reason of anything in this section contained after such enjoyment as is hereinbefore described for thirty years Provisions in case of 8. When any land or water, upon, over or from which any such profit or tenancies for life, or for benefit, way, easement, water course or use of water, shall have been or shall be any term exceeding enjoyed or derived has been or shall be held under or by virtue of any term of life, three years or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such profit or other matter during the continuance of such term shall be excluded in the computation of the said period of twenty years, in case the claim thereto shall within three years next after the end or sooner determination of any such term be resisted by any person entitled to any revision or remainder expectant on the determination thereof. 9. Where the public or any class of the public have used any beach, land, road, Procedure for establishing right under track or pathway in the manner specified in section 4(1) for the period mentioned section 4 in the said subsection and such user is disputed, any person concerned in the dispute may lodge a plaint in the Grand Court under the Judicature Law (1995 1995 Revision Revision), and the said Law shall apply to the matter in dispute. 10. (1) Any person in possession of any document of title relating to any Production of beach, land, road, track or pathway with respect to the user of which a plaint has documents of title and procedure thereafter been lodged under section 9 shall produce such document to the Grand Court. (2) The Clerk of the Court shall forward a certified copy of the judgment of the Grand Court to the Public Recorder who shall forthwith record the same. 6 Prescription Law (1997 Revision) Publication in revised form authorised by the Governor in Council this 9th day of December, 1997. Carmena H. Parsons Clerk of Executive Council 7