S.L. 55.6 Art. 18Diligence Amended: L.N. 157 of 2018. Cap. 16. Cap. 16.

(1) A notary who carries out the examination of title in terms of these regulations shall be deemed to have acted with due diligence.

(2) Notwithstanding the provisions of any law to the contrary, a notary shall be deemed to have acted with due diligence in examining title if he adheres to the following:

(a) where the transferor acquired under a title capable of transferring ownership in terms of article 2140 of the Civil Code, the notary compiles the searches on the basis of the ten-year acquisitive prescription, and on the basis of the thirty-year acquisitive/extinctive prescription in all other cases, except those referred to in article 2144 of the Civil Code where he compiles the searches for the prescriptive period of forty years;

(b) where he compiles the searches on the basis of the ten-year acquisitive prescription, if he presumes good faith throughout the prescriptive period, unless it is manifestly clear to him from the searches that this is not the case;

(c) where he compiles the searches on the basis of the ten-year acquisitive prescription or on the basis of the thirty or forty-year acquisitive/extinctive prescription, if the notary presumes:

(i) continuous, uninterrupted, peaceable, open and unequivocal possession throughout the prescriptive period, unless it is manifestly clear to him from the searches that this is not the case;

(ii) there has been no cause of suspension or interruption of the prescriptive period, unless it is manifestly clear to him from the searches that there has been such cause.

(3) For the purpose of this regulation "title capable of transferring ownership" means any onerous title, a donation, and a legacy even where the vesting of the legatee with the possession of the immovable has not taken place: Provided that where there has not been the vesting in possession of the legacy, the notary shall point out this matter to the transferee and explain the meaning and consequence of article 845 of the Civil Code, and he may refer the transferee to take further independent legal advice.

(4) In his interpretation of the searches compiled in terms of these regulations and in his advice given where the regulations require him to give such advice or where he is of the opinion that he should do so, a notary shall use the professional expertise expected of a member of the notarial profession, as subject to the provisions of the Act, these regulations and the contract of engagement, if any.

(5) Notwithstanding the provisions of any law to the contrary, the degree of diligence required of a notary when examining title shall not exceed that of a bonus paterfamilias.