CAP. 22
(b)
Limitation of Actions
[Rev. 2012]
his right to recover the estate or interest in possession is barred under
this Act,
no action may be brought by that person or by any person claiming through him, in
respect of the future estate or interest, unless in the meantime possession of the
land has been recovered by a person entitled to an intermediate estate or interest.
11. Accrual of right of action in case of forfeiture of breach of condition
A right of action to recover land by virtue of a forfeiture or breach of condition
accrues on the date on which the liability to forfeiture was incurred or the condition
broken:
Provided that, if such a right has accrued to a person entitled to an estate or
interest in reversion and the land was not recovered by virtue thereof, the right of
action to recover the land does not accrue to that person until his estate or interest
falls into possession, as if no such forfeiture or breach of condition had occurred.
12. Accrual of right of action in case of certain tenancies
(1) A tenancy at will is taken to be determined at the end of one year from
its commencement, unless it has previously been determined, and accordingly the
right of action of the person entitled to the land subject to the tenancy accrues on
the date of such determination.
(2) A tenancy from year to year or other period, without a lease in writing, is
taken to be determined at the end of the first year or other period, and accordingly
the right of action of the person entitled to the land subject to the tenancy accrues
at the date of such determination:
Provided that, where any rent has subsequently been received in respect of the
tenancy, the right of action accrues on the date of the last receipt of rent.
(3) Where any person is in possession of land by virtue of a lease in writing
by which a rent is reserved, and—
(a) the rent is received by some person wrongfully claiming to be entitled
to the land in reversion immediately expectant on the determination
of the lease; and
(b) no rent is subsequently received by the person rightfully so entitled,
the right of action of the last-named person to recover the land accrues at the date
when the rent was first received by the person wrongfully claiming as aforesaid
and not at the date of the determination of the lease.
13. Right of action not to accrue or continue unless adverse possession
(1) A right of action to recover land does not accrue unless the land is in the
possession of some person in whose favour the period of limitation can run (which
possession is in this Act referred to as adverse possession), and, where under
sections 9, 10, 11 and 12 of this Act a right of action to recover land accrues on a
certain date and no person is in adverse possession on that date, a right of action
does not accrue unless and until some person takes adverse possession of the
land.
[Issue 1]
L19 - 10