Limitation

limitation

The Limitation Act 2010 contains provisions under which an action to recover possession of land must be brought within a certain time. The basic provision is contained in section 4 of the Act, which provides that no action shall be brought by any person to recover any land after the expiration of twelve years' from the date on which the right of action accrued to him or, if it first accrued to some person through whom he claims, the date when it accrued to that person. In the ordinary case the right of action accrues when the person in possession (hereafter called "the former owner") is dispossessed by another person (hereafter called "the squatter").2 The net result of these provisions is that if the former owner is to recover the land he must bring his action against the squatter within twelve years from the date when he was dispossessed by the squatter.

It is comparatively rare for one person actively to dispossess another. Dispossession is most likely to occur when there is a genuine misunderstanding as to the correct boundaries of land and one person takes possession of part of another's land believing it to be his own.


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