Limitation of Actions Consultation - Law Commission

whether they would support a twelve-year long-stop period applicable only
to actions to recover land.
13.122 At present 165
the limitation period for actions to recover land is extended to 30
years 166
in the case of an action by the Crown 167
or by a spiritual corporation sole
within the Church of England. 168
Where the action is brought by the Crown to
recover foreshore, the period is further extended to 60 years. 169
13.123 The Law Reform Committee considered the abolition of the extra protection
given to the Church of England and the Crown in 1977. 170
At that time the reform
was rejected, on the grounds that the Crown was “peculiarly likely to own or
acquire land the existence or extent of which is unknown to it, and in respect of
which it is, therefore, not readily in a position to assert its title.” The Law Reform
Committee also referred to the difficulty faced by the Church of England in
keeping track of all the land in its ownership.
13.124 We do not consider that the amount of land held by either the Crown or by the
Church of England gives sufficient reason to qualify either of them for special
protection, given that there are other landowners in both the public and the private
sector with extensive holdings which might justify similar treatment. 171
It is
probably true to say that much of the land owned by the Crown is of a nature
which makes it inherently difficult to manage, and unsuitable to manage with the
intensity which would ensure speedy detection of encroachments. It might be said
in reply that, again, the Crown is not unique in having to manage large tracts of
open rural land. On the other hand, the Crown owns and manages extremely large
expanses of foreshore and territorial sea bed. 172
This does involve difficulties - due
to, for example, the shifting nature of the boundaries of foreshore and the
concealed nature of sea bed - which might make a stronger case for a special rule.
It is also true that there are difficulties applicable only to the Crown, where it
acquires land as bona vacantia, 173
which may involve a delay of some years before
the Crown becomes aware of its interest in the property.
165 See paras 6.42 - 6.44 above.
166 See s 15(7) and Schedule 1, Part II to the 1980 Act.
167 Or by the Duchy of Cornwall or the Duchy of Lancaster: s 37.
168 Or by an eleemosynary corporation sole.
169 See Schedule 1, para 11.
170 See the Law Reform Committee, Twenty First Report (Final Report on Limitation of Actions),
1977, Cmnd 6923, para 3.41 - 3.42.
171 We note that, for example, the additional limitation periods provided for in Schedule 1, Part
II to the 1980 Act do not apply to the Church in Wales. See Welsh Church Act 1914, s 2(1),
which dissolved every ecclesiastical corporation in the Church in Wales with effect from 31
March 1920 (the date of disestablishment provided for in the Welsh Church (Temporalities)
Act 1919, s 2).
172 The extent of territorial sea, and therefore of the territorial sea bed, was increased to 12
miles by the Territorial Sea Act 1987 s 1(1)(a).
173 Eg the property of a dissolved company, under Companies Act 1985, s 654(1); or the estate
of an intestate person without statutory beneficiaries, under Administration of Estates Act
363