1965-HKRS29-8-32_Part02 — Page 3

Accrual of right of action la caİC of forfeiture or breach of condition.

2 & 3 Geo. 6,

c. 21, 4. 9.

Accrual of right of

action in case

of certain tenancies.

2 & 3 Creo. 6,

D. 21, 5.9.

8

(2) Where any land is held upon trust, including a trust for sale, and the period prescribed by this Ordinance has expired for the bring- ing of an action to recover the land by the trustees, the estate of the trustees shall not be 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 Ordinance. but if and when every such right of action has been so barred, the estate of the trustee shall be extinguished.

(3) Where 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 becas barred by this Ordinance, notwithstanding that the right of action of the trustees would apart from this provision have been barred by this Ordinance.

11. A right of action to recover land by virtue of a forfeiture or breach of condition shall be deemed to have accrued on the date on which the 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 or remainder and the land was not recovered by virme thereof, the right of action to recover the land shall not be deemed to have accrued to that person until his estate or interest fell into possession, as if no such forfeiture or breach of condition had occurred.

12. (1) A tenancy at will shall, for the purposes of this Ordin+ ance, be deemed to be determined at the expiration of a period of one year from the commencement thereof, unless it has previously been determined, and accordingly the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued on the date of such determination.

(2) A tenancy from year to year or other period, without a lease in writing, shall, for the purposes of this Ordinance, be deemed to be determined at the expiration of the first year or other period, and accordingly the right of action of the person entitled to the land sub- ject to the tenancy shall be deemed to have accrued at the date of such determination:

Provided that, where any rent has subsequently been received in respect of the tenancy, the right of action shall be deemed to have accrued on the date of the last receipt of rent.

(3) Whore any person is in possession of land by virtue of a lease in writing by which a rent of not less than twenty dollars is reserved, and 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 no rent is subsequently received by the person rightfully so entitled, the right of action of the last-named person to recover the land shall be deemed to have accrued at the date when the rent was first received by the person wrongfully claim- ing as aforesaid and not at the date of the determination of the lease.

(4) Subsections (1) and (3) shall not apply to any tenancy at will or lease granted by the Crown.

accrue or

13. (1) No right of action to recover land shall be deemed to Right oQË accrue unless the land is in the possession of some person in whose action not to lavour the period of limitation can run (hereafter in this section continue

unless there referred to as adverse possession) and where under the foregoing pro-

is adverse visions of this Ordinance any such right of action is doomed to accrue possession. on a certain date and no person is in adverse possession on that date, 2&3 Geo. 6.

c. 21, s. 10. the right of action shall not be deemed to accrue unless and until adverse possession is taken of the land.

(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 shall no longer be deemed to have accrued and no fresh right of action shall be deemed to accrue unless and botil the land is again taken in adverse possession.

(3) For the purposes of this section-

(a) possession of any land subject to a rentcharge by a persoN (other than the person entitled to the rentcharge) who does not pay the rent shall be deemed to be adverse possession of the rentcharge; and

(6) receipt of rent under a lease by a person wrongfully claiming. in accordance with subsection (3) of section 12, the land in reversion shall be deemed to be adverse possession of the land.

actions.

14. When a mortgagee of land has been in possession of any of Limitation of the mortgaged land for a period of twenty years, no action to redeem redemption the land of which the mortgagee has been so in possession shall there- 2 & 3 Geo. 6. after be brought by the mortgagor or any person claiming through him. c. 21, s. 12.

15. For the purposes of this Ordinance, no person shall be deemed to have been in possession of any land by reason only of having made a formal entry thereon, and no continual or other claim upon or near any land shall preserve any right of action to recover the land.

No right of action to be preserved by formal entry

or coolanvi

claira.

1 & 3 Geo. 6,

c. 21, 6. 13.