[Rev. 2012]
Limitation of Actions
CAP. 22
(2) Where a right of action to recover land has accrued and thereafter, before
the right is barred, the land ceases to be in adverse possession, the right of action
is no longer taken to have accrued, and a fresh right of action does not accrue
unless and until some person again takes adverse possession of the land.
(3) For the purposes of this section, receipt of rent under a lease by a person
wrongfully claiming, in accordance with section 12(3) of this Act, the land in
reversion is taken to be adverse possession of the land.
14. Redemption actions
Where a mortgagee of land has been in possession, as mortgagee, of any of
the mortgaged land for a period of twelve years, no action to redeem the land of
which the mortgagee has been so in possession may thereafter be brought by the
mortgagor or any person claiming through him.
15. Right of action not preserved by formal entry or continual claim
For the purposes of this Act, no person is taken to have been in possession of
any land by reason only of his having made a formal entry thereon, and no continual
or other claim upon or near any land preserves any right of action to recover the
land.
16. Administration dates back to death
For the purposes of the provisions of this Act relating to actions for the recovery
of land, an administrator of the estate of a deceased person is taken to claim as if
there had been no interval of time between the death of the deceased person and
the grant of the letters of administration.
17. Title extinguished at end of limitation period
Subject to section 18 of this Act, at the expiration of the period prescribed by this
Act for a person to bring an action to recover land (including a redemption action),
the title of that person to the land is extinguished.
18. Equitable interests
(1) Subject to section 20(1) of this Act, this Act applies to equitable interests
in land, including interests in the proceeds of the sale of land held upon trust for
sale, in like manner as it applies to legal estates, and accordingly a right to action
to recover the land, for the purposes of this Act but not otherwise, accrues to a
person entitled in possession to such an equitable interest in the like manner and
circumstances and on the same date as it would accrue if his interest were a legal
estate in the land.
(2) Where land is held upon trust, including a trust for sale, and the period of
limitation prescribed for an action by the trustees to recover the land has expired,
the estate of the trustees is not extinguished if and so long as the right of action
to recover the land of any person entitled to a beneficial interest in the land or in
the proceeds of sale either has not accrued or has not been barred by this Act, but
when the right of action is so barred the estate of the trustees is extinguished.
L19 - 11
[Issue 1]
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