LIMITATION OF ACTIONS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
Limitation of Actions (Land)

   2   Interpretation

   3   Right of entry or bringing action to recover land or rent, limited to twelve years

   4   When the right shall be deemed to have accrued

   5   When forfeiture is not taken by remainderman, he shall have a new right when estate comes into possession

   6   When the right shall be deemed to have accrued

   7   Mortgagee's right of recovery within twelve years after last payment of any principal or interest

   8   An administrator to claim as if he obtained the estate without interval

   9   In the case of a tenant at will the right shall be deemed to have accrued at the end of one year

   10   No person, after a tenancy from year to year, to have any right but from the end of the first year or last payment

   11   When rent amounting to two dollars reserved by a lease in writing shall have been wrongfully received

   12   A mere entry not to be deemed possession

   13   No right to be preserved by continual claim

   14   Possession of one coparcener, etc, not to be the possession of the other

   15   Possession of a younger brother not possession of the heir

   16   Acknowledgment in writing equivalent to possession or receipt of rent

 

Disabilities

   17   Extension of time allowed in cases of disabilities

   18   No time to be allowed for absence beyond seas

   19   Utmost allowance of time in cases of disabilities

   20   No further time to be allowed for a succession of disabilities

 

Where Right to Estate in Possession Barred

   21   When the right to an estate in possession is barred

 

Tenant in Tail

   22   Where tenant in tail is barred remaindermen shall not recover

   23   Possession adverse to a tenant in tail shall run on against the remaindermen

   24   Limitation against remaindermen in certain cases of adverse possession

 

Suits in Equity

   25   Limitations as to suits in equity

   26   In cases of express trust, the right not to accrue until conveyance

   27   As to cases of fraud

   28   Saving the jurisdiction of equity

   29   Limitation in cases of mortgagees in possession

 

Extinguishment of Right

   30   At the end of the period of limitation the right to be extinguished

 

Receipt of Rent

   31   Receipt of rent deemed receipt of profits

 

What shall not Defeat Right of entry

   32   No descent, etc, to bar right of Entry

 

Money charged upon Land, etc

   33   Limitation in cases of charges and liens on land

   34   Time for recovering charges and arrears of interest

   35   No arrears of dower to be recovered for more than six years

   36   No arrears of rent or interest to be recovered for more than six years

   37   Limitation in cases of money or legacies secured by trusts, etc

 

PART II
Crown Suits Limitation

   38   Crown barred after sixty years after title accrued, as to lands and revenues therefrom

   39   When rents shall not be deemed to be answered

   40   Reservation as to Crown rights in reversion or remainder

   41   Limitations of this Part as to particular estates

   42   When right is deemed to accrue in cases of leases for years or lives

   43   Existing private rights, etc, reserved

   44   Liability to property tax, etc, and proceedings therefor not affected

 

PART III
Boundaries

   45   Reputed boundaries acquiesced in for seven years

 

PART IV
Limitation of Actions (Debt and Contract)

   46   Acknowledgment or promise to take case out of the statute must be in writing

   47   Provision respecting plea in abatement

   48   No endorsement, etc, of any payment, upon any note, etc, shall be deemed sufficient

   49   21 Jac. 1 ch. 16, and this Part to apply to case of debt or simple contract by way of set-off

   50   Provision as to stamps

   51   Limitation of actions for "merchants" accounts

   52   Bonds, etc, on which no payment made or action brought for twenty years, void

   53   Absence beyond seas or imprisonment of a creditor not to be a disability

   54   Where such cause of action lies against two or more debtors person entitled shall not have any time within which to commence and sue such action or suit, etc

   55   Part payment by one contractor, etc, not to prevent operation of statute in favour of another contractor, etc

 

THE LIMITATION OF ACTIONS ACT

[Date of Commencement: 1st July, 1881]

Cap 222.

Act 15 of 1979.

1   Short title

   This Act may be cited as the Limitation of Actions Act.

PART I
Limitation of Actions (Land)

2   Interpretation

   In this Part-

   "land" shall extend to messuages and all other corporeal hereditaments whatsoever, and also to any share, estate or interest in them, or any of them, whether the same shall be a freehold or chattel interest;

   "rent" shall extend to all annuities and periodical sums of money charged upon or payable out of any land;

   "the person through whom another person is said to claim" shall mean any person by, through or under, or by the act of whom, the person so claiming become entitled to the estate or interest claimed, as heir, issue in tail, tenant by the curtesy, tenant in dower, successor, executor, administrator, legatee, husband, appointee, devisee or otherwise;

   "person" shall extend to a body politic or corporate, and to a class of creditors or other persons, as well as to an individual.

3   Right of entry, or bringing action to recover land or rent, limited to twelve

   No person shall make an entry, or bring an action or suit to recover any land or rent, but within twelve years next after the time at which the right to make such entry, or to bring such action or suit, shall have first accrued to some person through whom he claims, or, if such right shall have not accrued to any person through whom he claims, then within twelve years next after the time at which the right to make such entry, or to bring such action or suit, shall have first accrued to the person making or bringing the same.

[15/1979 2nd Sch.]

4   When the right shall be deemed to have accrued

   The right to make an entry or bring an action to recover any land or rent shall be deemed to have first accrued at such time as hereinafter is mentioned, that is to say-

[15/1979 2nd Sch.]

   (a)   when the person claiming such land or rent or some person through whom he claims shall, in respect of the estate or interest claimed, have been in possession or in receipt of the profits of such land, or in receipt of such rent, and shall while entitled thereto have been dispossessed, or have discontinued such possession or receipt, then such right shall be deemed to have first accrued at the time of such dispossession or discontinuance of possession, or at the last time at which any such profits or rent were or was so received;

   (b)   when the person claiming such land or rent shall claim the estate or interest of some deceased person who shall have continued in such possession or receipt in respect of the same estate or interest until the time of his death, and shall have been the last person entitled to such estate or interest who shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time of such death;

   (c)   when the person claiming such land or rent shall claim in respect of an estate or interest in possession granted, appointed or otherwise assured by any instrument (other than a will) to him, or some person through whom he claims by a person, being in respect of the same estate or interest in the possession or receipt of the profits of the land, or in the receipt of the rent, and no person entitled under such instrument shall have been in such possession or receipt, then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid, or the person through whom he claims, became entitled to such possession or receipt by virtue of such instrument;

   (d)   when the estate or interest claimed shall have been an estate or interest in reversion or remainder, or other future estate or interest, and no person shall have obtained the possession or receipt of the profits of such land or the receipt of such rent in respect of such estate or interest, then such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession;

   (e)   when the person claiming such land or rent, or the person through whom he claims, shall have become entitled by reason of any forfeiture or breach of condition, then such right shall be deemed to have first accrued when such forfeiture was incurred, or such condition was broken.

5   When forfeiture is not taken by remainderman, he shall have a new right when estate comes into possession

   When any right to make an entry, or to bring an action to recover any land or rent, by reason of any forfeiture or breach of condition, shall have first accrued in respect of any estate or interest in reversion or remainder, and the land or rent shall not have been recovered by virtue of such right, the right to make an entry or bring an action to recover such land or rent shall be deemed to have first accrued, in respect of such estate or interest, at the time when the same shall have become an estate or interest in possession, as if no such forfeiture or breach of condition had happened.

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[15/1979 2nd Sch.]

6   When the right shall be deemed to have accrued

   A right to make an entry, or to bring an action or suit to recover any land or rent, shall be deemed to have first accrued, in respect of an estate or interest in reversion or remainder, or other future estate or interest, at the time at which the same shall have become an estate or interest in possession, by the determination of any estate or estates in respect of which such land shall have been held, or the profits thereof or such rent shall have been received, notwithstanding the person claiming such land or rent, or some person through whom he claims, shall, at any time previously to the creation of the estate or estates which shall have determined, have been in the possession or receipt of the profits of such land, or in receipt of such rent.

[15/1979 2nd Sch.]

   But if the person last entitled to any particular estate on which any future estate or interest was expectant shall not have been in the possession or receipt of the profits of such land, or in receipt of such rent, at the time when his interest determined, no such entry shall be made, and no such action or suit shall be brought, by any person becoming entitled in possession to a future estate or interest, but within twelve years next after the time when the right to make an entry, or to bring an action or suit for the recovery of such land or rent, shall have first accrued to the person whose interest shall have so determined, or within six years next after the time when the estate of the person becoming entitled in possession shall have become vested in possession, whichever of those two periods shall be the longer; and if the right of any such person to make such entry, or to bring any such action or suit, shall have been barred under this Part, no person afterwards claiming to be entitled to the same land or rent in respect of any subsequent estate or interest under any deed, will or settlement, executed or taking effect after the time when a right to make an entry, or to bring an action or suit for the recovery of such land or rent, shall have first accrued to the owner of the particular estate whose interest shall have so determined as aforesaid, shall make any such entry, or bring any such action or suit, to recover such land or rent.

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