Encyclopaedia Britannica, 11th Edition, "Lightfoot, Joseph" to "Liquidation" Volume 16, Slice 6

Act 1833 relating to actions for the recovery of land. The latter

Chapter 4675 wordsPublic domain

statute has been repealed and virtually re-enacted by the Real Property Limitation Act 1874, which reduced the period of limitation from twenty years to twelve, for all actions brought after the 1st January 1879. The principal section of the act of 1833 will show the _modus operandi_: "After the 31st December 1833, no person shall make an entry or distress, or bring an action to recover any land or rent _but within twenty years next after the time_ at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims, or shall have first accrued to the person making or bringing the same." Another section defines the times at which the right of action or entry shall be deemed to have accrued in particular cases; e.g. when the estate claimed shall have been an estate or interest in reversion, such right shall be deemed to have first accrued at the time at which such estate or interest became an estate or interest in possession. Thus suppose lands to be let by A to B from 1830 for a period of fifty years, and that a portion of such lands is occupied by C from 1831 without any colour of title from B or A--C's long possession would be of no avail against an action brought by A for the recovery of the land after the determination of B's lease. A would have twelve years after the determination of the lease within which to bring his action, and might thus, by an action brought in 1891, disestablish a person who had been in quiet possession since 1831. What the law looks to is not the length of time during which C has enjoyed the property, but the length of time which A has suffered to elapse since he might first have brought his action. It is to be observed, however, that the Real Property Limitation Act does more than bar the remedy. It extinguishes the right, differing in this respect from the other Limitation Acts, which, while barring the remedy, preserve the right, so that it may possibly become available in some other way than by action.

By section 14 of the act of 1833, when any acknowledgment of the title of the person entitled shall have been given to him or his agent in writing signed by the person in possession, or in receipt of the profits or rent, then the right of the person (to whom such acknowledgment shall have been given) to make an entry or distress or bring an action shall be deemed to have first accrued at the time at which such acknowledgment, or the last of such acknowledgments, was given. By section 15, persons under the disability of infancy, lunacy or coverture, or beyond seas, and their representatives, are to be allowed ten years from the termination of this disability, or death (which shall have first happened), notwithstanding that the ordinary period of limitation shall have expired.

By the act of 1623 actions of trespass, detinue, trover, replevin or account, actions on the case (except for slander), actions of debt arising out of a simple contract and actions for arrears of rent not due upon specialty shall be limited to six years from the date of the cause of action. Actions for assault, menace, battery, wounds and imprisonment are limited to four years, and actions for slander to two years. Persons labouring under the disabilities of infancy, lunacy or unsoundness of mind are allowed the same time after the removal of the disability. When the defendant was "beyond seas" (i.e. outside the United Kingdom and the adjacent islands) an extension of time was allowed, but by the Real Property Limitation Act of 1874 such an allowance is excluded as to real property, and as to other matters by the Mercantile Law Amendment Act 1856.

An acknowledgment, whether by payment on account or by mere spoken words, was formerly sufficient to take the case out of the statute. The