POCA (Means of Acquisition)

• Obligations on all Owners

  - Obligation to Demarcate (obligation de borner): Property owners are generally responsible for demarcating the boundaries of their land.

  - Obligation to Close (obligation de clore): Landowners may have an obligation to enclose their property
• Modes of Property Acquisition: POCA


  - Purchase (Achat): This is the most common mode of property acquisition. A buyer and seller enter into a sale agreement

  - Inheritance (Héritage): Property can be acquired through inheritance when the previous owner passes away.

  - Convention (Contract): Property can be acquired through a contract.

  - Accession (Accession): Refers to the incorporation of something into an existing property, making it part of that property.
• Caselaw for Acquisition of Land for Public Use


  Societe United Docks v Govt of Mauritius
• Occupation


  - Definition: It involves taking possession of an unowned thing with the intention of becoming its owner.

  - Key Distinction: Occupation differs from renunciation du propriétaire (abandonment by the owner). The object being acquired through occupation must be truly ownerless (res nullius) in the first place.
• Article 524 alinéa 1


  Objects placed on a property by its owner for its service and exploitation become immovable property by destination. This implies that simply finding something on another's property doesn't necessarily grant ownership through occupation
• Caselaw for Occupation: R v Blanchard


  Finding objects (mules and carts) on a property doesn't automatically grant ownership if there's no evidence they were used for the property's "exploitation"
• Caselaw for Occupation: DPP v Kissonah

  Watch wasn't intentionally abandoned, making it theft to claim ownership.
• Immovable property


  Land and anything permanently attached to it. However, there are certain things that are not considered immovable property, even though they may be associated with land.
• Who Owns an Animal Mortally Wounded During a Hunt?

  - Res Nullius and Res Propria: Before being wounded, the animal is considered res nullius, meaning it has no owner.

  - Once a hunter wounds it, the animal becomes res propria, meaning it belongs to the hunter who inflicted the wound.

  - The first hunter who captures or kills the animal, even if it's mortally wounded, becomes its owner.
• Caselaw for Discovery of Valuables (Sauzier v Radhay)

  - Treasure Definition: According to Article 716 of the Mauritian Civil Code, a treasure is an object buried or hidden with no known owner.

  - Surface Finds: Items found on the surface of the land are not considered treasures.

  - Res Derelictae vs. Treasure: Res derelictae are objects intentionally abandoned by their owner, while treasures are hidden with no apparent intention of retrieval.
• Acquisition


  Principle that allows the owner of a principal thing (res principalis) to acquire ownership of an accessory thing (res accessoria) that becomes attached to it.

  - This mode of acquiring property is governed by Article 546
• Types of Accession


  - Immovable Accession: When the principal thing is immovable property (land or buildings), the accession is referred to as immovable accession. For instance, fruits grown on a tree (principal thing) belong to the owner of the land (owner of the principal thing)

  - Movable Accession: When the principal thing is movable property, the accession is called movable accession. For example, if paint (principal thing) is applied to a canvas (accessory thing), the canvas becomes the property of the paint owner (owner of the principal thing).
• Modes of Accession


  - Natural Accession: This occurs when the accessory thing attaches to the principal thing naturally, without human intervention. For example, a river depositing alluvium (accessory thing) on a landowner's property (principal thing) - - Artificial Accession: This occurs when the accessory thing is attached to the principal thing through human action. For instance, a builder using bricks (accessory thing) to construct a wall (principal thing) results in the wall becoming the property of the landowner (owner of the principal thing).
• Maxim of Accession


  The accessory thing (res accessoria) doesn't have an independent legal existence. Its fate is tied to the principal thing (res principalis).
• Immeubles par destination (immovables by destination) are not considered true immovable property (immeubles)

  Movable property (meubles) that are considered part of an immovable property (immeuble principal) and are subject to the legal regime of that immovable property
• Examples of Meubles that are Part of an Immoveable Property

  - Agricultural Equipment: Farm machinery and equipment used for agricultural purposes on a farm are considered immeubles par destination of the farm.

  - Machinery in a Factory: Machines and equipment installed in a factory are considered immeubles par destination of the factory.

  - Furniture in a Hotel: Furniture and fixtures in a hotel are considered immeubles par destination of the hotel.
• Acquisition of Fruits (produce) from Property through Accession

  Articles 547 and 548
• Article 547


  - Natural or Industrial Fruits: Natural fruits (fruits naturels) are the spontaneous products of the earth, such as crops and fruits from trees. Industrial fruits (fruits industriels) are the products of the earth obtained through cultivation or labor, such as harvested crops and processed fruits.

  - Ownership by Accession: Both natural and industrial fruits belong to the owner of the property (land or animals) by right of accession. This means the owner acquires ownership of the fruits as they are produced.
• Article 548

  Reimbursement of Expenses: The owner of the property is entitled to the fruits produced, but they are liable to reimburse third parties for any expenses incurred in cultivation, labor, or seeds. This reimbursement is based on the value of the expenses at the time of reimbursement.
• Third-Party Rights

  If the owner of the property refuses to reimburse the third party for their expenses, the third party can file an in rem verso claim. This is a legal remedy that allows the third party to assert a right against the property itself to recover their expenses.
• Article 551


  Anything that is attached or incorporated into a thing belongs to the owner of that thing
• Article 555

  Addresses the rights of a landowner and a third party who has made improvements to the land without the landowner's consent.
• Owner Has 2 Choices (Art. 555)


  - Retain Ownership: The landowner can choose to retain ownership of the improvements made by the third party.

  - Require Removal: The landowner can demand that the third party remove the improvements.
• Compensation for 3rd Party

  - Removal: If the landowner chooses removal, the third party bears the cost without any compensation. The third party may also be liable for damages caused to the land.

  - Retention: If the landowner chooses to retain ownership, they must compensate the third party at their discretion:

  1. Value Increase: Pay the amount by which the land's value has increased due to the improvements.

  2. Material and Labor Costs: Reimburse the third party for the cost of materials and labor at the time of reimbursement, considering the condition of the improvements.
• Natural Accession [Articles 556 - 564]


  Occurs when an immovable property acquires ownership of another thing, whether movable or immovable, due to natural phenomena without human intervention.
• Artificial Accession [Article 552 - 555]


  When an immovable property acquires ownership of another thing, whether movable or immovable, due to human activities, such as construction or plantation
• Writ Habere Facias Possessionem


  - The Latin term translates to "that you cause to have possession."

  - It is a writ of execution used in successful ejectment actions.- - Purpose: It grants the plaintiff (the winning party) in an ejectment lawsuit the legal authority to take possession of the recovered land or property.
• Retention Right


  A legal right that allows a person (the creditor) to retain possession of goods belonging to another person (the debtor) until a debt or obligation is fulfilled. It acts as a security mechanism to incentivize the debtor to perform their contractual duties
• Characteristics of Retention Rights

  - Possession, Not Ownership: The creditor gains the right to hold onto the debtor's goods but does not acquire ownership of them.

  - Security for Performance: The retention right serves as a form of security, ensuring the debtor meets their obligations before - Debt or Obligation: The retention right arises from a pre-existing debt or obligation owed by the debtor to the creditor.
• Accession of Movable Property [Article 565 - 575]


  The process by which one movable property becomes an integral part of another, leading to a transfer of ownership
• Forms of Accession of Movable Property

  - Adjunction

  - Mixture

  - Specification
• Adjunction (L'adjonction): [Articles 566-569]


  - Involves the attachment or joining of two or more movable properties to form a single object.

  - The principal thing is the one that retains its essential character after the accession.

  - The accessory thing loses its separate identity and becomes part of the principal thing.
• Mixture (Le Mélange): [Articles 573-575]


  - Occurs when two or more movable properties of the same or different kinds are mixed together, forming a homogeneous mass.

  - The ownership of the mixture is generally shared among the owners of the mixed properties in proportion to their respective contributions.

  If the things can be separated, the owners may reclaim their respective properties
• Mixture (Le Mélange): [Articles 573-575]


  - Occurs when two or more movable properties of the same or different kinds are mixed together, forming a homogeneous mass.

  - The ownership of the mixture is generally shared among the owners of the mixed properties in proportion to their respective contributions.

  If the things can be separated, the owners may reclaim their respective properties
• Specification (La spécification): [Articles 570-572]


  - Involves the transformation of a material into a new object with a distinct identity.

  - The owner of the material becomes the owner of the new object, even if the transformation was done by a third party.

  - The owner of the material may be entitled to compensation if the transformation was done in bad faith.
• Prescription Acquisition Through Possession [Articles 2219 to 2264]


  Acquiring ownership of property through prolonged possession over a specified period
• Prescription Acquisition Through Possession [Articles 2219 to 2264]


  Acquiring ownership of property through prolonged possession over a specified period.