Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 10

Accrual of right of action in case of future interests

10. Accrual of right of action in case of future interests



(1) Subject as hereafter in this section provided, the right of action to
recover land shall, in a case where-

   (a)  the estate or interest claimed was 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-

be deemed to have accrued on the date on which the estate or interest became
an estate or interest in possession.

(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 fifteen years from
the date on which the right of action accrued to the person entitled to the
preceding estate or interest, or six 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) No person shall bring an action to recover any 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 a 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.





(4) Where any person-

   (a)  is entitled to any estate or interest in land in possession; and

   (b)  while so entitled, is also entitled to any future estate or interest
        in that land, and his right to recover the estate or interest in
        possession is barred under this Act-

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.