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STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 22

Right of action not to accrue unless there is adverse possession.

22.(1) No right of action to recover land shall be deemed to accrue unless the
land is in the possession (in this section referred to as "adverse
possession") of some person in whose favour the period of limitation can run.

(2) Where

(a)under the foregoing provisions of this Act a right of
action to recover land is deemed to accrue on a certain date; and

(b)no person is in adverse possession of the land on that date;

(3) Where a right of action to recover land has accrued and thereafter, before
the right of action is barred, the land ceases to be in adverse possession,
the right of action shall no longer be deemed to have accrued and no fresh
right of action shall be deemed to accrue unless and until the land is again
taken into adverse possession.

(4) For the purposes of this section

(a)possession of any land subject to a rentcharge by a person (other than the
person entitled to the rentcharge) who does not pay the rentcharge shall be
deemed to be adverse possession of the rentcharge; and

(b)receipt of the conventional rent under a lease by a person wrongfully
claiming to be entitled to the land in reversion immediately expectant on the
determination of the lease shall be deemed to be adverse possession of the
land.


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© 1958 Crown Copyright

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