Statute of Limitations 1957

Accrual of right of action (future interests in land).

15

15. (1) Subject as hereinafter in this section provided, the right of action to recover any land shall, in a case where—

(i) on falling into possession of future interest.

( a) the estate or interest claimed was an estate or interest in reversion or remainder or any future estate or interest, and

( b) no person has taken possession of the land by virtue of the estate or interest claimed,

be deemed to have accrued on the date on which the estate or interest fell into possession by the determination of the preceding estate or interest.

(ii) where previous owner out of possession.

(2) ( a) If the person entitled to the preceding estate or interest, not 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 twelve years from the date on which the right of action accrued to the person entitled to the preceding estate or interest, or of 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.

( b) Where the State is entitled to the succeeding estate or interest, paragraph ( a) of this subsection shall have effect with the substitution for the reference to twelve years of a reference to thirty years and for the reference to six years of a reference to twelve years.

(iii) saving for entailed interests.

(3) The foregoing provisions of this section shall not apply to any estate or interest which falls into possession on the determination of an entailed interest and which might have been barred by the person entitled to the entailed interest.

(iv) alienation while time is running.

(4) No person shall bring an action to recover any estate or interest in land under an assurance taking effect after the right of action 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 person by whom the assurance was made could have brought such an action.

(v) future interest barred where present interest of same person barred.

(5) Where—

( a) any person is entitled to any estate or interest in land in possession, and

( b) such person is, while so entitled, also entitled to any future estate or interest in that land, and

( c) his right to recover the estate or interest in possession is barred under this Act,

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 has been recovered by a person entitled to an intermediate estate or interest.