Revised Laws of Saint Lucia (2021)

Section II   Prescription by 30 years, prescription of rents and interest, and the duration of the plea of prescription

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    2103.   All things, rights, and actions, the prescription of which is not otherwise regulated by law, are prescribed by 30 years, without the party prescribing being bound to produce any title, and notwithstanding any exception pleading bad faith.

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    2103A.   Title to immovable property, or to any servitude or other right connected therewith, may be acquired by sole and undisturbed possession for 30 years, if that possession is established to the satisfaction of the Supreme Court which may issue a declaration of title in regard to the property or right upon application in the manner prescribed by any statute or rules of court. (Added by Act 34 of 1956)

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    2104.   Prescription of the action to account and of the other personal actions of minors against their tutors, relating to the acts of the tutorship, takes place conformably to this rule, and is reckoned from the majority.

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    2105.   If a title be shown, it helps to establish the defects of the possession which hinder prescription.

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    2106.   Prescription by 30 years, has, in all prescriptible cases, the same effects as that by 100 years or as immemorial prescription formerly had, whether as regards the right, or for covering the defects of title, informalities or bad faith.

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    2107.   Any person who is in possession as proprietor of a thing or a right, preserves, by reason of such possession, his or her right to set up by plea against any demand in revendication of such thing or right, all such grounds of nullity or other grounds as tend to defeat the action, although his or her right to do so by direct action may have been prescribed.

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    In personal actions, likewise, the defendant may effectively plead all grounds tending to defeat the action, although the time during which he could urge such grounds by direct action may have elapsed.

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    The foregoing provisions of this article apply only to such grounds of exception as strike at the principle of the action and destroyed it at a time when no acquired prescription could prevent them from doing so. Thus a claim prescribed cannot be pleaded in compensation unless the compensation had taken effect before it was prescribed, and then it may be pleaded, whether the claim be for a debt of a commercial nature or for any other cause.

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    The adoption of the grounds of such plea does not revive the right to urge them by direct action.

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    2108.   The hypothecary action joined to the personal is not subject to a longer prescription than the latter alone.

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    2109.   The term attached by law or by stipulation to a right of redemption has its effects, subject to articles 1460A, 1460B and 1460C without prescription being required.

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    So is the term attached to the right of a vendor to take back an immovable by reason of non-payment of the price.

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    The right to redeem rents comes from the law; it is imprescriptible. (Substituted by Act 34 of 1956)

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    2110.   After 29 years from the date of the last title, the debtor of emphyteutic dues or of a rent may be compelled, at his or her own cost, to furnish the creditor or his or her legal representatives with a renewal deed.

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    2111.   With the exception of what is due to the Crown, all arrears of rents, including life rents, all arrears of interest, of house rent or land rent, and generally all fruits natural or civil are prescribed by 5 years.

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    This provision applies to claims resulting from emphyteutic leases or other real rights, even where there is privilege or hypothec.

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    Prescription of arrears takes place although the principal be imprescriptible by reason of precarious possession.

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    Prescription of the principal carries with it that of the arrears.