STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958

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STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 48



48. In this Part

(a)"debt" includes any liquidated pecuniary claim;

(i)in relation to a mortgageehis personal representatives and any other person
on whom the rights under the mortgage devolve, whether on death or bankruptcy
or the disposition of the property or the determination of a limited estate or
interest in settled property or otherwise;

(ii)in relation to a person liable in respect of a debthis
personal representatives and any other person on whom the liability in respect
of the debt devolves, whether on death or bankruptcy or the disposition of the
property or the determination of a limited estate or interest in settled
property or otherwise;

(b)references to a right of action shall include references to

(i)a cause of action;

(ii)a right to receive money secured by a mortgage or charge on any property
or to receive proceeds of the sale of land;

<(iii)a right to receive a share or interest in the personal estate of a deceased person;


(c)references to the date of the accrual of a right of action shall

(i)in the case of an action for an accountbe construed as references to the
date on which the matter arose in respect of which an account is claimed;

(ii)in the case of an action upon a judgmentbe construed as references to the
date on which the judgment became enforceable;

<(iii)in the case of an action upon a judgment mortgagebe construed as references to the date on which the judgment became enforceable and not to the date on which it was registered as a mortgage;


<(iv)in the case of an action to recover arrears of a rentcharge, a conventional rent, or interest or damages in respect thereofbe construed as references to the date on which the arrears became due;


(d)references to a person in possession of land shall

(i)in the case of a rentcharge, be construed as including references to a
person who is in possession of the land charged, but does not pay the
rentcharge; and

(ii)in the case of land (including a rentcharge) held under a lease in writing
reserving a yearly conventional rent of not less than [#1], be construed as
including references to a person who, wrongfully claiming to be entitled to
the land in reversion immediately expectant on the determination of the lease,
is in receipt of the conventional rent;

(e)references to a debt shall

(i)in the case of a rentcharge or of a conventional rent, be construed as
references to a gale of the rentcharge or of the conventional rent;

(ii)in the case of interest, be construed as references to an instalment of
the interest;

(f)references to a mortgagee who is by virtue of the mortgage in possession of
any mortgaged land shall include references to a mortgagee who has obtained
possession of the mortgaged land by virtue of an order of a Court.

Person under a disability.

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Northern Irish Legislation

STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 48