s.138Acquisition of easements and profits by prescription
138
Section 138Part 9Prescription

Acquisition of easements and profits by prescription

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Subject to the Prescription Law (1997 Revision) easements and profits may be acquired without registration by peaceable, open and uninterrupted enjoyment thereof for a period of twenty years:
no easement or profit shall be so acquired unless the proprietor of the land burdened by such easement or profit is, or by reasonable diligence might have been, aware of such enjoyment and might by his own efforts have prevented it.
Where any person claims to have acquired an easement or profit by virtue of subsection (1) he may apply to the Registrar for the registration thereof, and the Registrar, on being satisfied as to the claim and subject to such notices, advertisement and conditions as the Registrar may direct, shall register the easement or profit as an incumbrance on the register of the land affected and, in the case of an easement, in the property register of the land which benefits.

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