quick prescription

Question 1

definition

Answer 1

• open and uninterrupted possession of land
• period of 30 years
• acquire ownership or limited real right

Question 2

requirements

Answer 2

• possess openly as if owner
• uninterrupted period of 30 years
• animus domini

Question 3

possession

Answer 3

• legal possession
• no entitlement to possession ( but not illegal)
• retain without force ( nec vi)
• not personally can be on behalf
• need not exercise over whole land

Question 4

uninterrupted 30 year period

Answer 4

• do not have to be in possession for whole period
• add period of time to predecessor
• vacate property from time to time
• can be interrupted / suspended

Question 5

natural interruption

Answer 5

land flooded or owner demands property back
- involuntary loss of possession
- legal proceedings in 6 months
- lawful proceedings within a year
possession = not interrupted

Question 6

civil interruption

Answer 6

• true owner institutes proceedings to return property
• halts running of prescription
• pending outcome of prescription
• if unsuccessful= no interruption
• if successful = final date is interruption

Question 7

1969 position

Answer 7

• openly as if owner
• eliminated nec vi
• replaces nec precario with owner
• softens strict requirements of prescription

Question 8

suspension

Answer 8

1. change to true owner circumstances
2. affected ability to maintain animus domini
   - prescription ceases to run against a person who cannot assert rights of ownership
   - prescription suspended until impediment ends
   - act suspends by 3 years

Question 9

consequences

Answer 9

• acquirer becomes owner
• can demand registration in deeds reg
• court order necessary
• no prescription of state land

Question 10

nec vi , nec clam, nec precario

Answer 10

without force, secrecy , permission