Statute of Limitations 1957

Limitation of redemption actions (land).

34

34. (1) ( a) Where a mortgagee of land has been in possession 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 shall thereafter be brought by the mortgagor or any person claiming through him.

( b) Paragraph ( a) of this subsection does not apply in respect of a Welsh mortgage.

(2) Where a mortgagee of land under a Welsh mortgage which provides that the rents and profits are to be applied in reduction of the principal moneys and interest has been in possession of the land for a period of twelve years commencing on the date on which all the principal moneys and interest have been satisfied, no action to redeem the land shall thereafter be brought by the mortgagor or any person claiming through him.

Annotations:

Modifications (not altering text):

C22

Application of section restricted (1.12.2007) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 99(2), S.I. No. 356 of 2009.

Mortgagee in possession.

99.— ...

(2) Section 34 of the Act of 1957 does not apply to a mortgagee who takes possession of land under a court order under section 97 or section 98 .