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The Limitation (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Time limit: actions to recover future interests in land

22.—(1) Subject to paragraphs (2) to (5), where—

(a)an estate or interest claimed in any land was an estate or interest in reversion or remainder or any future estate or interest; and

(b)the right of action to recover the land accrued on the date on which the estate or interest fell into possession by the determination of the preceding estate or interest; and

(c)the person entitled to the preceding estate or interest, not being a leasehold estate or interest, was not in possession of the land on that date,

no action may be brought by the person entitled to the succeeding estate or interest after the expiration of—

(i)twelve years from the date on which the right of action accrued to the person entitled to the preceding estate or interest, or

(ii)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.

(2) Where the Crown is entitled to the succeeding estate or interest, paragraph (1) has effect with the substitution—

(a)for the reference to twelve years, of a reference to thirty years, and

(b)for the reference to six years, of a reference to twelve years.

(3) Paragraphs (1) and (2) do 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.

(4) No person may bring an action to recover any estate or interest in land under an assurance taking effect after the right of action had accrued—

(a)to the person by whom the assurance was made; or

(b)some person through whom that person claimed; or

(c)some person entitled to a preceding estate or interest,

unless the person by whom the assurance was made could have brought such an action.

(5) Where—

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

(b)that 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 Order,

no action may 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.

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