Land And Conveyancing Law Reform Act 2009

37.

Incapacity.

37.— (1) Subject to subsection (2) , where the servient owner is incapable, whether at the commencement of or during the relevant user period, of managing his or her affairs because of a mental incapacity, the running of that period is suspended until the incapacity ceases.

[PA 1832, s. 7]

(2) Subsection (1) does not apply where—

( a) the court considers that it is reasonable, in the circumstances of the case, to have expected some other person, whether as trustee, committee of a ward of court, an attorney under an enduring power of attorney or otherwise, to have acted on behalf of the servient owner during the relevant user period, or

( b) at least 30 years have elapsed since the commencement of the relevant user period.