CROSS RIVER – PRESCRIPTION LAW

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LAWS OF CROSS RIVER STATE

CHAPTER P9

PRESCRIPTION LAW

ARRANGEMENT OF SECTIONS

SECTION

  1. Claims of rights of way and other easement.
  2. Claim to profit a prendre.
  3. Right to the use of light.
  4. Nature of interruption.
  5. No presumption in certain cases.
  6. Provision as to incapacity.
  7. No prescription except under this Law.
  8. Application.
  9. Interpretation.
  10. Application to State.
  11. Short title.

 

CHAPTER P9

PRESCRIPTION LAW

The House of Assembly OF CROSS RIVER STATE OF NIGERIA hereby makes the following—

LAW

(20th December, 1991)

[Commencement.]

  1. Claims of rights of way and other easement

A claim to any way or other easement or to any water-course or the use of any water, to be enjoyed or derived upon, over, or from any land or water the property of any person shall be deemed absolute and indefeasible if it has been so enjoyed for a full period of forty years without interruption, unless it is proved that the same was taken and enjoyed by some consent or agreement expressly made or given for that purpose by deed or other writing.

  1. Claim to profit a prendre

(1)     A claim to any profit, right or benefit to be taken and enjoyed from or upon any land the property of any person, except rent and such other matters and things hereinbefore specifically provided for shall be deemed absolute and indefeasible if it has been actually taken or enjoyed for a continuous period of sixty years without interruption, unless it is proved that it was taken or enjoyed by some consent or agreement given or made for that purpose by deed or other writing.

(2)     Nothing in section 1 or in this section shall be construed to permit a person to acquire any easement, profit or other right where the enjoyment upon which his claim thereto is based is, or has during any part of the period aforesaid, been done in secret, by force or in spite of a protest by any person having a legal interest in or over the land, water-course concerned.

  1. Right to the use of light

Where the access and use of light to and for any dwelling house, workshop or other building shall have been actually enjoyed therewith without interruption for a period of twenty years next before any suit or action wherein a claim to such enjoyment is made or called in question, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.

  1. Nature of interruption

No act or other matter shall be deemed to be an interruption within the meaning of the preceding sections of this Law unless the same shall have been submitted to or acquiesced in for at least one year after the party interrupted shall have had notice thereof and of the person making or authorising the same to be made.

  1. No presumption in certain cases

In the several cases provided for by this Law, no presumption shall be allowed or made in favour or support of any claim upon proof of the exercise or enjoyment of the right or matter claimed for any less period of time than that mentioned in this Law as may be applicable to the case and to the nature of the claim.

  1. Provision as to incapacity

The time during which any person otherwise capable of resisting any claim to any of the matters before mentioned shall have been or shall be an infant, idiot, of unsound mind or a tenant for life or during which any action or suit shall have been pending and which shall have been diligently prosecuted, until abated by the death of any party or parties thereto, shall be excluded in the computation of the period hereinbefore mentioned, except only in cases when the right of claim is hereby declared to be absolute and indefeasible.

  1. No prescription except under this Law

No claim to any easement or profit by prescription shall after the commencement of this Law be made except under the Law.

  1. Application

Nothing in this Law shall be construed—

(a)     to authorise the acquisition of easement, profits or any other rights over or in respect of any land subject to customary law, or to relate to any claim in respect of easements or right over such land; or

(b)     to allow on easement, profit, benefit or other right to be acquired over one property and in favour of any other property where the freehold estates in respect of both properties belong to the same person, except in the case of a right to light.

  1. Interpretation

In this Law unless the context otherwise requires—

“a property” includes a right of occupancy, a freehold estate, and any interest therein in the form of a lease, a sublease or a sub-underlease.

  1. Application to State

This Law shall bind the State.

  1. Short title

This Law may be cited as the Prescription Law.

CHAPTER P9

PRESCRIPTION LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

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