7
Limitation of actions to recover land,
Accrual of right of
action in case
of present interests in lend.
2 & 3 Geo. 6,
c. 21, s. 5.
which the amount to be paid by him in discharge of that liability is agreed by or on behalf of the tortfeasor and that person or each of those persons, as the case may be, and for the purposes of this subsection no account shall be taken of any judgment or award given or made on appeal in so far as it varies the amount of damages awarded against the tortfcasor.
Actions to recover land and rent.
7. (1) No action shall be brought by the Crown to recover any land after the expiration of sixty years from the date on which the right of action accrued to the Crown or, if it first accrued to some person through whom the Crown claims, to that person.
(2) No action shall be brought by any other person to recover any land after the expiration of twenty years from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, to that person:
Provided that, if the right of action first accrued to the Crown through whom the person bringing the action claims, the action may be brought at any time before the expiration of the period during which the action could have been brought by the Crown, or of twenty years from the date on which the right of action accrued to some person other than the Crown, whichever period first expires.
8. (1) Where the person bringing an action to recover land, or some person through whom he claims, has been in possession thereof. and has while entitled thereto been dispossessed or discontinued his possession, the right of action shall be deemed to have accrued on the date of the dispossession or discontinuance.
(2) Where any person brings an action to recover any land of a deceased person, whether under a will or on intestacy, and the deceased person was on the date of his death in possession of the land or, in the case of a rentcharge created by will or taking effect upon his death, in possession of the land charged, and was the last person entitled to the land to be in possession thereof, the right of action shall be deemed to have accrued on the date of his death.
(3) Where any person brings an action to recover land, being an estate or interest in possession assured otherwise than by will to him, or to some person through whom he claims by a person who, at the date when the assurance took effect, was in possession of the land or, in the case of a rentcharge created by the assurance, in possession of the land charged, and no person has been in possession of the land by virtue of the assurance, the right of action shall be deemed to bave accrued on the date when the assurance took effect.
9. (1) Subject as hereafter provided in this section, the right of Accrual of action to recover any land shall, in a case where the estate or interest right of
action in case claimed was an estate or interest in reversion or remainder or any other of future Future estate or interest and no person has taken possession of the land interests, by virtue of the estate or interest claimed, be deemed to have accrued 2 & 3 Geo. 6. on the date on which the estate or interest fell into possession by the . 21, 1, 6, determination of the preceding estate or interest.
(2) If the person entitled to the preceding estate or interest, mot being a term of years absolute, was not in possession of the land on the date of the determination thereof, no action shall be brought by the person entitled to the succeeding estate or interest after the expiration of twenty years from the date on which the right of action accrued to the person entitled to the proceding estate or interest, or six years from the date on which the right of action accrued to the person entitled to the succeeding estate or interest, whichever period last expires:
Provided that, where the Crown is entitled to the succeeding estate or interest, the foregoing provisions of this subsection shall have effect with the substitution for the reference to twenty years of a reference to sixty years, and for the reference to six years or a reference to twenty years.
(3) No person shall bring an action to recover any estate or interest in land under an assurance taking effect after the right of action to recover the land had accrued to the person by whom the assurance was made or some person through whom he claimed or some person entitled to a preceding estate or interest, unless the action is brought within the period during which the person by whom the assurance was made could have brought such an action.
(4) Where any person is entitled to any estate or interest in land in possession and, while so entitled, is also entitled to any future estate or interest in that land, and his right to recover the estate or interest in possession is barred under this Ordinance, no action shall 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 bas been recovered by a person entitled to an intermediate estate or interest.
held on trust
10. (1) Subject to the provisions of subsection (1) of section 20, Provisions in the provisions of this Ordinance shall apply to equitable interests in case of land land, including interests in the proceeds of the sale of land held upon 183 Geo.6, trust for sale, in like manner as they apply to legal estates, and accord- &. 21, s. 7. ingly a right of action to recover the land shall, for the purposes of this Ordinance but not otherwise, be deemed to accrue 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.