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A property is let by a landlord to a lessee in terms of an…

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A property is let...

A property is let by a landlord to a lessee in terms of an agreement of lease. The property has a cellar. The lease agreement specifically excludes the cellar. However the lessee openly occupies the cellar for many years with the knowledge of the landlord.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

1. Can the lessee acquire ownership of the cellar by acquisitive prescription ?

Lawyer's Assistant: Has anything been filed or reported?

2 . What is the number of years for such prescriptive period?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do the principles of nec vi, nec clam, nec precario also apply in this situation?

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 4 hours by:
11/17/2017
Lawyer: Irwin Law, Attorney replied 8 months ago
Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7,569
Experience: Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
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Good morning. I don't see any reference to where you live, i.e. state or country

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