The difficulty of proving the essentials of acquisitive prescription : Minnaar v Rautenbach 1999 1 AII SA 571 (NC)

Robertson, Sam (2000)

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Robertson, S. 2000. The difficulty of proving the essentials of acquisitive prescription : Minnaar v Rautenbach 1999 1 AII SA 571 (NC. Journal of Contemporary Roman Dutch Law/Tydskrif vir Hedendaagse Romeins-Hollandse Reg, 63(1): 158-161.

Article

The institution of acquisitive prescription was recently discussed in Minnaar v Rautenbach 1999 1 All SA 571 (NC). The case raised important questions about the application of the requirement of non-precarious consent, and the extent to which the period of possession of predecessors may be included in the prescriptive period. The maxim that prescription runs only against a person who is capable of challenging it was also addressed. In spite of numerous judicial pronouncements on this issue, it seems that there is still confusion about the application of the principles of acquisitive prescription in our courts.

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