Limitation of Actions Consultation - Law Commission

and for dishonestly assisting or procuring a breach of fiduciary duty, in so far as
these do not constitute a breach of trust. (Paragraph 13.104).
15.52 We ask consultees whether they agree with our provisional view that the core
regime should apply to actions in respect of the personal estate of a deceased
person (including any claims to arrears of interest on legacies). (Paragraph
13.108).
11 ACTIONS TO RECOVER LAND AND RELATED ACTIONS
Actions to recover land
15.53 We provisionally recommend that, while the core regime’s initial limitation period
of three years from the date of discoverability should not apply to actions to
recover land, a long-stop limitation period (commencing on the date of adverse
possession or, if later, the date on which the plaintiff’s interest becomes an interest
in possession) should apply to, and be the sole limitation period for, actions to
recover land. We ask consultees whether they agree. We also ask consultees
whether they consider that the length of the long-stop period applicable to actions
to recover land should be the same as the length of the long-stop period under the
core regime, that is, ten years. Alternatively we ask consultees whether they would
support a twelve-year long-stop period applicable only to actions to recover land.
(Paragraph 13.121).
15.54 Our provisional view is that the additional protection for spiritual and
eleemosynary corporations sole and for the Crown, in respect of actions to recover
land, should be abolished. Consultees are asked whether they agree. Consultees
are also asked whether, as an alternative, they consider that it would be justified to
retain a special limitation period for the Crown in certain circumstances, for
example, claims relating to foreshore or sea bed, or claims to property acquired as
bona vacantia or by escheat. If so, they are asked to comment on the
circumstances in which the special limitation period should apply, and the length
of the period. (Paragraph 13.126).
15.55 We provisionally recommend that where a person has been in adverse possession
of land as against the Crown and the limitation period expires: (i) in the case of
unregistered land the Crown’s title to the land should be extinguished so far (but
only so far) as its continued existence would be inconsistent with the squatter’s
acquisition of an estate in fee simple and (ii) in the case of registered land the trust
under section 75(1) of the Land Registration Act 1925 should take effect in
relation to the Crown’s estate in the land so far (but only so far) as its continued
existence would be inconsistent with the squatter’s acquisition of an estate in fee
simple. We ask consultees whether they agree. (Paragraph 13.127).
Other land-related actions
15.56 We ask consultees whether they agree with our provisional view that the limitation
period for actions to recover principal or interest relating to a loan secured by a
mortgage should not be three years from the date of discoverability but should be
the long-stop period of 10 years (or, under our alternative proposal for land related
actions, 12 years) running from the date when the money in question should have
been paid and was not. (Paragraph 13.131).
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