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STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 59

Effect of acknowledgment on persons other than the maker or recipient.

59.(1) An acknowledgment of title to any land by any person in possession
thereof shall bind all other persons in possession during the ensuing period
of limitation.

(2) Where

(a)two or more mortgagees of land are by virtue of the mortgage in possession
of the land; and

(b)one only of the mortgagees (in this section referred to as "the
acknowledgor") gives an acknowledgment of the mortgagor's title or of his
equity of redemption;

(i)the acknowledgment shall bind only the acknowledgor and his successors and
shall not bind any other mortgagee or his successors;

(ii)if the acknowledgor is entitled to a part of the mortgaged land and not to
any ascertained part of the mortgage debt, the mortgagor shall be entitled to
redeem that part of the land on payment, with interest, of the part of the
mortgage debt which bears the same proportion to the whole of the debt as the
value of that part of the land bears to the value of the whole of the
mortgaged land.

(3) Where there are two or more mortgagors of land, and the title or right to
redemption of one of the mortgagors is acknowledged, the acknowledgment shall
be deemed to have been made to all the mortgagors.

(4) An acknowledgment of a debt shall bind the acknowledgor and his successors
but not any other person.

(5) An acknowledgment of a statute-barred debt shall not bind any successor of
the acknowledgor on whom the liability devolves on the determination of a
preceding estate or interest in property under a settlement taking effect
before the date of the acknowledgment.

(6) An acknowledgment by one of several personal representatives of any claim
to the personal estate of a deceased person or to any share or interest
therein shall bind the estate of the deceased person.


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© 1958 Crown Copyright

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