Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 14

Right of action not to accrue or continue unless there is adverse possession

14. Right of action not to accrue or continue unless there is
adverse possession



(1) No right of action to recover land shall be deemed to accrue unless the
land is in the possession of some person in whose favour the period of
limitation can run (hereafter in this section referred to as "adverse
possession"); and where under the foregoing provisions of this Act any such
right of action is deemed to accrue on a certain date and no person is in
adverse possession on that date the right of action shall not be deemed to
accrue until adverse possession is taken of the land.

(2) Where a right of action to recover the land has accrued and thereafter
before the right is barred the land ceases to be in adverse possession, the
right of action shall no longer be deemed to have accrued and no fresh right
of action be deemed to accrue until the land is again taken into
adverse possession.

(3) For the purposes of this section-

   (a)  possession of any land subject to a rentcharge by a person (other than
        the person entitled to the rentcharge) who does not pay the rent shall
        be deemed to be adverse possession of the rentcharge;

   (b)  receipt of rent under a lease by a person wrongfully claiming, in
        accordance with subsection (3) of the last preceding section, the land
        in reversion shall be deemed to be adverse possession of the land.

(4) When any one or more of several persons entitled to any land or rent as
joint tenants or tenants in common have been in possession or receipt of the
entirety or more than his or their undivided share or shares of such land or
of the profits thereof or of such rent for his or their own benefit or for the
benefit of any person or persons other than the person or persons entitled to
the other share or shares of the same land or rent, such possession or receipt
shall not be deemed to have been the possession or receipt of or by such
last-mentioned person or persons or any of them but shall be deemed to be
adverse possession of the land.