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STATUTE OF LIMITATIONS (NORTHERN IRELAND) 1958 - SECT 74

74.(1) In this Act

"Act of 1891" means the Local Registration of Title (Ireland) Act, 1891;

"action" includes any proceeding (other than a criminal proceeding) in a Court
established by law;

"action to recover land" includes

(a)an action claiming a declaration of title to land;

(b)proceedings by a mortgagee for the delivery of possession of land by a
mortgagor;

(c)proceedings under section nine of the Northern Ireland (Miscellaneous
Provisions) Act, 1945, by a person who is registered under the Act of 1891 as
the owner of a charge on registered land for possession of the land;

"arbitration agreement" has the same meaning as in the Arbitration Act
(Northern Ireland), 1937;

"conventional rent" means a rent payable under a lease or other contract of
tenancy (whether in writing or not and whether express or implied) and
includes the rent payable by a tenant within the meaning of the [Rent
(Northern Ireland) Order 1978], but does not include a fee farm rent payable
under a grant which creates the relationship of landlord and tenant;

"foreshore" means the bed and shore, below the line of high water of ordinary
or medium tides, of the sea and of every tidal river and tidal estuary and of
every channel, creek and bay of the sea or any such river or estuary;

"judgment mortgage" means an affidavit of ownership registered under the
Judgment Mortgage (Ireland) Act, 1850;

"land" includes corporeal hereditaments and rentcharges, and an interest in
the proceeds of the sale of land held upon trust for sale, but save as
aforesaid does not include any incorporeal hereditament;

"mortgage" includes an equitable mortgage and a judgment mortgage and
"mortgagor", "mortgagee" and cognate words shall be construed accordingly;

["other limitation provision" means any statutory provision (other than
this Act) in force after the commencement of this Act with respect to the
limitation of actions;]

"personal estate" does not include chattels real;

"personal injuries" includes any disease and any impairment of a person's
physical or mental condition [, and "injury" and cognate expressions shall be
construed accordingly];

"personal property" does not include chattels real;

"personal representative" means the executor, original or by representation,
or the administrator of a deceased person;

"rentcharge" means any annuity or periodic sum of money charged upon or
payable out of land, and includes

(a)any annual or periodic sum payable to the Ministry of Finance

(i)under any provision of the Land Purchase Acts;

(ii)in respect of any annuity in repayment of an instalment mortgage payable
into a fund which was apportioned to the Government of Northern Ireland by
section thirty-one of the Government of Ireland Act, 1920 (which relates to
the Church Temporalities Fund); and

(b)any periodic sum payable to the Crown Estate Commissioners under the Crown
Lands Acts, 1829 to 1936, and the Crown Estate Act, 1956, or any Act amending
those Acts, being

(i)a Crown rent; or

(ii)a quit rent; or

<(iii)a composition rent; or


<(iv) any other rentcharge; and


(c)a fee farm rent, whether the grant under which it arises does or does not
create the relationship of landlord and tenant;

(d)a conventional rent; or

(e)interest on a mortgage or charge on land;

"ship" includes every description of vessel used in navigation not propelled
by oars;

["statutory provision" has the same meaning as in section 1 (f) of the
Interpretation Act (Northern Ireland) 1954;]

(2) In this Act, "trustee" does not include

(a)a person whose fiduciary relationship arises merely by construction or
implication of law and whose fiduciary relationship is not deemed by any rule
of law to be that of an express trustee; or

(b)a personal representative in the capacity of personal representative.

(3) Where

(a)an interest (in this sub-section referred to as a "new interest") in land,
which is conveyed to or vested in a purchaser under the Land Purchase Acts is,
under any provision of those Acts or otherwise, a graft or deemed to be a
graft on any previous interest in that land or any other land; and

(b)the new interest is subject to any rights or equities arising from its
being such a graft;

(4) [Where the title of any person to any registered land is deemed, by virtue
of paragraph 2 of Part I of Schedule 13 to the Land Registration Act (Northern
Ireland) 1970, to be a possessory title,] then, neither that person nor any
person claiming through him shall, by reason only of the registration, be, in
respect of that land, a trustee for the purposes of this Act.

Subs.(5) rep. by 1978 c.47 s.9(2) sch.2

(6) In the application of this Act to registered land in respect of which a
charge for the payment of a principal sum has been created under section forty
of the Act of 1891

(a)references to a mortgagor shall be construed as references to the
registered owner who charged the land;

(b)references to a mortgagee shall be construed as references to the
registered owner of the charge;

(c)references to a mortgage shall be construed as references to the instrument
of charge;

(7) For the purposes of this Act

(a)a person shall be deemed to claim through another person, if he became
entitled by, through, under or by the act of that other person to the right
claimed;

(b)a person whose estate or interest might have been barred by a person
entitled to an entailed interest in possession shall be deemed to claim
through the person so entitled;

(c)a person becoming entitled to any estate or interest by virtue of a special
power of appointment shall not, for the purposes of this Act, be deemed to
claim through the appointer.

(8) In this Act

(a)references to a right of action to recover land shall include references to
a right to enter into possession of the land or, in the case of a rentcharge,
to distrain for arrears of the rentcharge;

(b)references to the bringing of an action to recover land shall include
references to the making of an entry into possession of the land or, in the
case of a rentcharge, to making a distress for arrears of the rentcharge.

(9) In this Act

(a)references to the possession of land shall, in the case of a rentcharge, be
construed as references to the receipt of the rentcharge; and

(b)references to the date of dispossession or discontinuance of possession of
land shall, in the case of a rentcharge, be construed as references to the
date of the last receipt of the rentcharge.

S.75 rep. by SLR 1973

© 1958 Crown Copyright

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