STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 29 Equitable estates in land and land held on trust.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 29

Equitable estates in land and land held on trust.

29.(1) Subject to section forty-five, the provisions of this Act shall apply
to equitable estates in land, including interests in the proceeds of the sale
of land held upon trust for sale, in like manner as they apply to legal
estates in land, and accordingly a right of action to recover the land shall,
for the purposes of this Act but not otherwise, be deemed to accrue to a
person entitled in possession to an equitable estate in land in the like
manner and like circumstances and on the same date as it would accrue if his
estate were a legal estate in the land.

(2) Where any land is held upon trust, including a trust for sale, and the
period fixed by this Act has expired for the bringing of an action to recover
the land by the trustees, the estate of the trustees shall not be extinguished
if and so long as the right of action to recover the land of any person
entitled to a beneficial interest in the land or in the proceeds of sale
either has not accrued or has not been barred by this Act, but, if and when
every such right of action has been so barred, the estate of the trustees
shall be extinguished.

(3) Where any land is held upon trust, including a trust for sale, an action
to recover the land may be brought by the trustees on behalf of any person
entitled to a beneficial interest in possession in the land or in the proceeds
of sale whose right of action has not been barred by this Act, notwithstanding
that the right of action of the trustees would apart from this provision have
been barred by this Act.

(4) Where any settled land, within the meaning of the Settled Land Acts, 1882
to 1890, or any land held on trust for sale is in the possession of a person
entitled to a beneficial interest in the land or in the proceeds of sale, not
being a person solely and absolutely entitled thereto, no right of action to
recover the land shall be deemed for the purposes of this Act to accrue during
such possession to any person in whom the land is vested as trustee or to any
other person entitled to a beneficial interest in the land or the proceeds of
sale.

Actions to recover settled chattels.

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/soli1958408/s29.html

Northern Irish Legislation

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 29