Statute of Limitations 1957

Limitation of actions by incumbrancers claiming sale of land.

32

32. (1) No action shall be brought by a State authority claiming the sale of land which is subject to a mortgage or charge after the expiration of thirty years from the date on which the right of action accrued to a State authority or, if it first accrued to some person through whom a State authority claims, to that person.

(2) The following provisions shall apply to an action by a person (other than a State authority) claiming the sale of land which is subject to a mortgage or charge:—

( a) subject to paragraph ( b) of this subsection, no such action shall be brought after the expiration of twelve years from the date on which the right of action accrued to the person bringing it, or, if it first accrued to some person through whom he claims, to that person;

( b) if the right of action first accrued to a State authority, the action may be brought at any time before the expiration of the period during which the action could have been brought by a State authority, or of twelve years from the date on which the right of action accrued to some person other than a State authority, whichever period first expires.

F18 [ (3) In the case of a judgment mortgage, the right of action accrues from the date the judgment becomes enforceable and not the date on which it is registered as a mortgage. ]

Annotations:

Amendments:

F18

Inserted (1.12.2009) by Land and Conveyancing Law Reform Act 2009, s. 119, S.I. No. 356 of 2009.