Limitation of Actions Consultation - Law Commission

time, and that no-one had already taken possession by virtue of the future interest
claimed. 18
Where the person entitled to the preceding interest in the land (other
than a term of years absolute) was not in possession at the date when that interest
determined (so that a right of action accrued to that person before the
determination of his or her interest), the limitation period will be:
(1) twelve years from the date the right of action accrued to the person entitled
to the preceding interest; or
(2) six years from the date on which the right of action accrued to the person
entitled to the succeeding interest
whichever period expires last. 19
6.11 This provision does not, however, apply in the case of any estate or interest which
falls into possession on the determination of an entailed interest and which might
have been barred by the person entitled to the entailed interest. 20
In those
circumstances, time will run against a person entitled in remainder, even though
he or she may have no entitlement to possession of the land during the limitation
period. 21
6.12 Where the plaintiff has both a present and a future interest in land, and his right to
bring an action to recover the present interest has become time-barred, he may not
bring an action to recover the future interest unless in the meantime someone has
recovered possession of the land under an intermediate interest. 22
(c) Leases and tenancies
6.13 The general rule relating to future interests also applies to leases, so that the
landlord’s cause of action will accrue when its reversion falls into possession
through the determination of the preceding interest, 23
that is, on the termination of
the lease. 24
This will apply to recovery of the land, both from the tenant, and from
18 Schedule 1, para 4. The same general rule also applies to leases: see para 6.13 below. Where
someone entitled to the future interest has already taken possession of the land it seems to
be implicit that if the possession was unlawful the cause of action would accrue when that
possession was taken, and if it was lawful it would accrue when the possession ended: see A
McGee, Limitation Periods (2nd ed 1994), p 183.
19 Section 15(2). So, eg, if P1 is tenant for life of settled land, remainder to P2, and D starts
squatting on part of the land in 1990, then P1 must commence proceedings to recover the
land by 2002. If P1 dies in 1991, P2’s right of action accrues in 1991, and P2 has until
2002 to commence proceedings. If, on the other hand, P1 dies in 2000, P2’s limitation
period will end in 2006.
20 Section 15(3). See para 6.9 above in relation to the barring of entails.
21 See R E Megarry and H W R Wade, The Law of Real Property (5th ed 1984), p 1037.
22 Section 15(5).
23 Section 15(2). But see para 6.16 below, in relation to the situation where rent is wrongfully
received by a third party.
24 Chadwick v Broadwood (1840) 3 Beav 308; 49 ER 121.
96