Section 10 of Limitation of Actions Act CAP 22: Accrual of right of action in case of future interest in land

    

(1) Subject to this section, where a person brings an action to recover land, and the estate or interest claimed was an estate or interest in reversion or any other future estate or interest and no person has taken possession of the land by virtue of the estate or interest claimed, the right of action accrues on the date on which the estate or interest fell into possession by the determination of the preceding estate or interest.
(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 of that estate or interest, no action may be brought by the person entitled to the succeeding estate or interest after the end of twelve 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 ends last.
(3) A person may not 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—
(a) a person is entitled to an estate or interest in land in possession and, while so entitled, is also 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,
no action may 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.


Disclaimer: This document is not to be taken as legal advise.

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