Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Subject to this section, the right of action to recover land shall, in a case where –
be deemed to have accrued on the date on which the estate or interest became an estate or interest in possession.(a) the estate or interest claimed is an estate or interest in reversion or remainder or any other future estate or interest; and
(b) no person has taken possession of the land by virtue of the estate or interest claimed –
(2) If the person entitled to the preceding estate or interest, not being a term of years absolute, was not in possession of the land on the date of the determination thereof, no action shall be brought by the person entitled to the succeeding estate or interest after the expiration of 12 years from the date on which the right of action accrued to the person entitled to the preceding estate or interest, or 6 years from the date on which the right of action accrued to the person entitled to the succeeding estate or interest, whichever period last expires.
(3) Where the Crown is entitled to the succeeding estate or interest referred to in subsection (2) that subsection has effect with the substitution –
(a) for the reference therein to 12 years of a reference to 30 years; and
(b) for the reference therein to 6 years of a reference to 12 years.
(4) The foregoing provisions of this section do not apply to an estate or interest that falls into possession on the determination of an entailed interest that might have been barred by the person entitled to the entailed interest.
(5) No person shall bring an action to recover an estate or interest in land under an assurance taking effect after the right of action to recover the land had accrued to the person by whom the assurance was made or some person through whom he claimed or some person entitled to the preceding estate or interest, unless the action is brought within the period during which the person by whom the assurance was made could have brought such an action.
(6) Where a person is entitled to an estate or interest in land in possession, and –
no action shall be brought by that person, or by any person claiming through him, in respect of the future estate or interest, unless, in the meantime, possession of the land has been recovered by a person entitled to an intermediate estate or interest.(a) while so entitled, is entitled to a future estate or interest in that land; and
(b) his right to recover the estate or interest in possession is barred under this Act –