LEGISLATION – PRESCRIPTION ACT – ACQUISITIVE PRESCRIPTION – PLAINTIFF’S POSSESSION IRRECONCILABLE WITH GENUINE BELIEF THAT SHE WAS THE OWNER OF THE PROPERTY

LEGISLATION – PRESCRIPTION ACT – ACQUISITIVE PRESCRIPTION - PLAINTIFF’S POSSESSION IRRECONCILABLE WITH GENUINE BELIEF THAT SHE WAS THE OWNER OF THE PROPERTY

The plaintiff initiated action against the first defendant seeking a declaratory order confirming that she acquired certain immovable property through prescription as contemplated in section 1 of the Prescription Act 68 of 1969, in that she had been in possession of the property for 30 years. The first defendant defended the action and launched a counterclaim seeking an order for the eviction of the plaintiff from the property.

The court dismissed the plaintiff’s claim and upheld the . . .

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