Revised Laws of Saint Lucia (2021)

CHAPTER SECOND
POSSESSION

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    2056.   Possession is the detention or enjoyment of a thing or of a right, which a person holds or exercises himself, or which is held or exercised in his or her name by another.

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    2057.   For the purposes of prescription, the possession of a person must be continuous and uninterrupted, peaceable, public, unequivocal, and as proprietor.

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    2058.   A person is always presumed to possess for himself or herself and as proprietor, in the absence of proof that his or her possession was begun for another.

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    2059.   When possession is begun for another, it is always presumed to continue so, if there be no proof to the contrary.

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    2060.   Acts which are merely facultative or of sufferance cannot be the foundation either of possession or of prescription.

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    2061.   Nor can acts of violence be the foundation of such a possession as avails for prescription.

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    2062.   In cases of violence or wrongful concealment, the possession which avails for prescription begins when the defect has ceased.

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    Nevertheless a thief, his or her heirs and successors by universal title, cannot by any length of time prescribe the thing stolen.

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    Successors by particular title do not suffer from these defects in the possession of previous holders, when their own possession has been peaceful and public.

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    2063.   An actual possessor who proves that he or she was in possession at a former period is, in the absence of proof to the contrary, presumed to have possessed during the intermediate time.

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    2064.   A successor by particular title may join to his or her possession that of him or her from whom his or her title was derived, in order to complete prescription.

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    Heirs and other successors by universal title continue the possession of him or her of whom they are the heirs or successors, except in the case of interversion of title.