Understanding Acquisitive Prescription in South African Law: A Comprehensive Guide:
[an extract from an article written by: Heidi Barter – October 2024]
Acquisitive prescription is a legal concept that plays a crucial role in property law in South Africa. It is a legal mechanism by which ownership of property can be acquired through continuous and uninterrupted possession over a specified period. In this article, We will delve into the details of acquisitive prescription, its requirements and its implications in South African law.
Acquisitive prescription, also known as “extinctive prescription,”, is a legal doctrine that allows a person to obtain ownership of property by virtue of their possession and use of that property for a specific period of time. The purpose of acquisitive prescription is to provide legal certainty and stability in property rights, ensuring that long-standing possession is rewarded with ownership…
The he Original Full Article can be Viewed here: → Understanding Acquisitive Prescription in South African Law: A Comprehensive Guide – Law Firm – Barter McKellar
Additional added by: Meryl Muller – EATA:
Essentially, if someone possesses a property openly, continuously and as if they were the owner for a certain period – [usually 30 years] they can become the legal owner
This concept is governed by the Prescription Act of 1969 in South Africa:
Can be Viewed here: → https://www.gov.za/sites/default/files/gcis_document/201505/act-68-1969.pdf