Jayasuria vs Omar Lebbe Marcar – clr volume 2 page 006_2

In Jayasuria v. Omar Lebbe Marcar, the dispute focused on whether a “planter’s share”—an interest in land arising from plantation activities—could be legally acquired other than by means of a notarial instrument as required by Ordinance No. 7 of 1840, and under what circumstances prescriptive title (adverse possession) might be established regarding such interest. The proceedings examined the intersection of recognized customary practices in the Maritime Provinces with the strict requirements of statutory law, particularly weighing the sufficiency of oral agreements and possession against mandates for formal deeds. It was determined that neither prescription nor custom could override the statutory necessity for written evidence of title, thereby reaffirming the principle that interests in