CAP. 22
Limitation of Actions
[Rev. 2012]
(3) Where any land is held upon trust, including a trust for sale, an action to
recover the land may be brought by the trustees on behalf of any person entitled to
a beneficial interest in possession in the land or in the proceeds of sale whose right
of action has not been barred by this Act, notwithstanding that the right of action of
the trustees would apart from this subsection have been barred by this Act.
(4) Where land held on trust for sale is in the possession of a person entitled to
a beneficial interest in the land or in the proceeds of sale, not being a person solely
and absolutely entitled thereto, a right of action to recover the land accrues during
such possession to any person in whom the land is vested as trustees or to any
other person entitled to a beneficial interest in the land or the proceeds of sale.
D – Actions to Recover Money Secured by a Mortgage
or Charge or to Recover Proceeds of Sale of Land
19. Actions to recover mortgage money or proceeds of sale of land
(1) An action may not be brought to recover a principal sum of money secured
by a mortgage on land or movable property, or to recover proceeds of the sale
of land, after the end of twelve years from the date when the right to receive the
money accrued.
(2) A foreclosure action in respect of mortgaged property may not be brought
after the end of twelve years from the date on which the right to foreclose accrued:
Provided that—
(i) if after that date the mortgagee was in possession of the mortgaged
property, the right to foreclose on the property which was in his
possession does not accrue until the date on which his possession
discontinued;
(ii) this subsection does not apply to a foreclosure action in respect of
mortgaged land, but instead the provisions of this Act relating to
actions to recover land apply to such an action.
(3) The right to receive a principal sum of money secured by a mortgage and the
right to foreclose on the property subject to the mortgage does not accrue so long
as that property comprises any future interest or any life insurance policy which
has not matured or been determined.
(4) An action to recover arrears of interest payable in respect of any sum of
money secured by a mortgage or payable in respect of proceeds of the sale of
land, or to recover damages in respect of such arrears, may not be brought after
the end of six years from the date on which the interest became due:
Provided that—
(i) where a prior mortgagee or other encumbrancer has been in
possession of the property mortgaged, and an action is brought within
one year of the discontinuance of such possession by the subsequent
encumbrancer, the subsequent encumbrancer may recover by that
action all the arrears of interest which fell due during the period of
possession by the prior encumbrancer, or damages in respect thereof,
notwithstanding that the period exceeded six years;
[Issue 1]
L19 - 12
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