Revised Laws of Saint Lucia (2021)

CHAPTER THIRD
THE CAUSES WHICH HINDER PRESCRIPTION, INCLUDING PRECARIOUS
POSSESSION AND SUBSTITUTIONS

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    2065.   Things which are not objects of commerce cannot be prescribed.

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    Special provisions explanatory of this article are to be found in the Fourth Chapter of this Book.

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    2066.   Good faith is always presumed.

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    He or she who alleges bad faith must prove it.

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    2067.   Those who possess for another, or under acknowledgment that they hold under another, never prescribe the ownership, even by the continuance of their possession after the term fixed.

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    Thus emphyteutic lessees, tenants, depositaries, usufructuaries and those who hold precariously the property of another cannot acquire it by prescription.

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    They cannot by prescription liberate themselves from the obligation of paying dues attached to their possession, but the amount of such dues and any arrears thereof are prescriptible.

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    Emphyteusis, usufruct, and other like rights do not preclude the owner of the property from prescribing against such rights, though they have been granted by himself or herself.

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    He or she who has been put in definitive possession of the property of an absentee only begins to prescribe against him or his heirs or legal representatives, when such absentee returns or his or her death becomes known or may be legally presumed.

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    2068.   Heirs and successors by universal title of those whom the preceding article hinders from prescribing cannot themselves prescribe.

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    2069.   Nevertheless the persons mentioned in articles 2067 and 2068, and also persons charged with a substitution, may, if their title have been interverted, begin a possession available for prescription, dating from the information given to the proprietor by notification or other contradictory acts.

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    Such notification or other acts only avail when made or done with reference to a person against whom prescription can run.

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    2070.   Subsequent purchasers in good faith, and for value either from a precarious or subordinate possessor, or from any other person, may prescribe by 10 years' possession against him or her who is the proprietor during such subordinate or precarious holding.

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    Third parties may also, during a subordinate or precarious holding, prescribe against the proprietor by 30 years with or without title.

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    2071.   Prescription does not run against a substitute, before his or her right comes into operation, in favour of the institute, or of his or her heirs or successors by universal title.

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    Prescription runs against the substitute, before his or her right comes into operation in favour of third parties, unless he or she is protected as a minor, or otherwise.

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    Any substitute, against whom prescription thus runs, may bring an action to interrupt it.

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    The possession of the institute avails a substitute, for the purposes of prescription.

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    Prescription runs against the institute during the time of his or her possession and in his or her favour against third parties.

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    After the right of the substitute comes into operation, prescription may begin to run in favour of the institute and of his or her heirs and successors by universal title.

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    2072.   No one can prescribe against his or her title, in this sense that no one can change the cause and nature of his or her own possession, except by interversion.

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    2073.   A person may prescribe against his or her title in the sense that he or she may be freed by prescription from an obligation he or she has contracted.

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    2074.   Positive prescription takes place by 30 years' possession in respect of corporeal immovables in excess of what is given by the title, and negative prescription takes place in the same time for the discharge of obligations which the title imposes.

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    In the matter of dues and rents, the enjoyment of more than the title confers does not occasion the acquisition of such excess by prescription.