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acquisitive prescription

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1 acquisitive prescription on Sun Jan 20, 2013 2:46 am

krush


Arresto Menor
i just encountered this term "acquisitive prescription". my mother who is very kind to every one has allowed a relative, who lives in the same compound we are living, to use a portion of her lot which is near their house. that portion now looks like it's their property and they arranged the plants in that lot as if like a boundary. this has been so for more than 10yrs now. i am just afraid that since we are letting them to continue to use that portion, this "acquisitive prescription" may apply to them.

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2 Re: acquisitive prescription on Sun Jan 20, 2013 8:12 am

tsi ming choi


Reclusion Perpetua
krush wrote:i just encountered this term "acquisitive prescription". my mother who is very kind to every one has allowed a relative, who lives in the same compound we are living, to use a portion of her lot which is near their house. that portion now looks like it's their property and they arranged the plants in that lot as if like a boundary. this has been so for more than 10yrs now. i am just afraid that since we are letting them to continue to use that portion, this "acquisitive prescription" may apply to them.

Acquisitive prescription will apply only in case the property sought to be acquired has no title or owner, hence it will not and never apply in case of possession by mere TOLERANCE.

In your case, since your Momma ALLOWS other person to use the property, then they cannot invoke that "acquisitive prescription" because their possession is merely by tolerance.

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