AustLII Tasmanian Consolidated Acts

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LIMITATION ACT 1974 - SECT 11

11. Accrual of right of action in case of present interests in land

      (1) Where the person bringing an action to recover land, or some person through whom he claims –

(a) has been in possession thereof; and

(b) has, while entitled thereto, been dispossessed or discontinued his possession –

the right of action shall be deemed to have accrued on the date of discontinuance or dispossession.

      (2) Where a person brings an action to recover any land of a deceased person, whether under a will or intestacy, and –

(a) the deceased person was on the date of his death in possession of the land or, in the case of a rentcharge created by will or taking effect upon his death, in possession of the land charged; and

(b) the deceased person was the last person entitled to the land to be in possession thereof –

the right of action shall be deemed to have accrued on the date of the death of that deceased person.

      (3) Where a person brings an action to recover land, and –

(a) the land so sought to be recovered is an estate or interest in possession assured, otherwise than by will, to him, or to some person through whom he claims, by a person who, at the date the assurance took effect, was in possession of the land or, in the case of a rentcharge created by the assurance, in possession of the land charged; and

(b) no person has been in possession of the land by virtue of the assurance –

the right of action shall be deemed to have accrued on the date when the assurance took effect.



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